A DUI resulting in death is one of the most serious charges a driver can face in Omaha. Even a single mistake, a momentary lapse in judgment, can lead to tragedy. When alcohol or drugs are involved in an accident causing a fatality in Omaha or anywhere else in Nebraska, you may be charged with motor vehicle homicide or felony DUI causing death, facing decades in prison and a lifetime criminal record.
At Miltenberger Law Offices, we understand what’s at stake. These are emotionally charged, high-stakes cases that require both legal precision and strategic defense experience. Our Omaha DUI attorneys have spent decades defending clients accused of serious DUI felonies, and we know how to navigate complex accident evidence, toxicology reports, and police investigations to protect your rights and your future.
Call (402) 217-2267 right now or contact us online for a confidential consultation with an experienced Omaha DUI resulting in death lawyer. The sooner you act, the stronger your defense will be.
What Is a DUI Resulting in Death in Omaha?
Under Nebraska Revised Statute § 28-306, an individual commits motor vehicle homicide when they cause the death of another person while operating a motor vehicle in violation of Nebraska DUI laws — specifically, Neb. Rev. Stat. § 60-6,196, driving under the influence of alcohol or drugs.
Key Elements of an Omaha DUI Resulting in Death Charge:
The prosecution must prove these elements beyond a reasonable doubt:
- You were operating or in control of a motor vehicle.
- You were under the influence of alcohol, drugs, or a combination of both.
- Your impaired driving caused or contributed to the death of another person — including passengers, pedestrians, or other drivers.
When alcohol or drugs are involved in fatal crashes in Nebraska, prosecutors can elevate the charge to a felony, often Class IIA or Class II depending on prior offenses. You need an Omaha DUI defense team on your side who is familiar with these types of charges and has trial experience in Omaha, throughout Douglas and Sarpy Counties, and across Nebraska. You need Miltenberger Law Offices.
Why Choose Miltenberger Law Offices to Defend Your Omaha DUI Resulting in Death
A DUI resulting in death is one of the most devastating and complex criminal cases anyone can face. You need more than just a lawyer — you need a strategic legal partner who knows how to handle high-stakes DUI litigation. We fight to protect your rights, your reputation, and your freedom — with compassion, precision, and relentless advocacy.
At Miltenberger Law Offices, we offer:
- Decades of DUI defense experience in Nebraska courts
- Extensive trial experience in felony DUI and vehicular homicide cases
- Hands-on, personal attention — your case won’t be passed off to a junior attorney
- 24/7 availability for urgent DUI arrests or investigations
- A proven record of reducing or dismissing serious DUI charges
Penalties for DUI Resulting in Death in Nebraska
These penalties are among the harshest in the state’s criminal code. The severity depends on your prior DUI history and the specific circumstances of the crash.
| Offense | Charge Level | Prison Time | Fines | License Revocation |
|---|---|---|---|---|
| DUI Causing Death (First Offense) | Class IIA Felony | Up to 20 years | Up to $25,000 | Up to 15 years |
| DUI Causing Death with Prior DUI Conviction | Class II Felony | 1–50 years | Up to $25,000 | 15 years |
| DUI Causing Death of an Unborn Child | Class IIIA or IIA Felony | Up to 3–20 years | Up to $10,000 | Up to 15 years |
Because these cases often involve devastating consequences, prosecutors pursue them aggressively. You need an equally determined defense, like the knowledgeable Miltenberger Law Offices DUI attorneys.
A DUI resulting in death conviction in Omaha or elsewhere in Nebraska can result in:
- Ignition interlock device (IID) and continuous alcohol monitoring after release
- Mandatory prison sentence, and no probation or suspension in most cases
- Permanent felony record
- Long-term license revocation — up to 15 years
- Civil wrongful death lawsuits in addition to criminal penalties
- Restitution to victims’ families
How Miltenberger Law Offices Builds Your Omaha DUI Resulting in Death Defense
At Miltenberger Law Offices, we’ve spent decades defending Nebraskans facing the toughest DUI charges. We understand how prosecutors build vehicular homicide cases — and how to break them down. Every DUI case is unique. Our defense attorneys craft personalized defense strategies designed to achieve the best possible outcome — even in the most challenging circumstances.
Our DUI defense strategy may include:
- Challenging BAC & toxicology results — Was the blood sample handled properly? Were all testing procedures followed under Title 177 regulations?
- Investigating procedural errors — Were field sobriety tests administered correctly? (You are not legally required to take a FST.) Were your constitutional rights violated?
- Questioning causation — Was the death truly caused by your actions, or were other factors involved?
- Reviewing accident reconstruction — We work with forensic experts to show that impairment may not have been the direct cause of the crash.
- Reducing charges — When appropriate, we negotiate to reduce a felony DUI resulting in death to a lesser offense, like misdemeanor motor vehicle homicide.
DUI Resources in Omaha, NE
- Nebraska DUI Court Best Practice Standards: Learn about the state’s DUI court, which works to increase the participant’s likelihood of successful rehabilitation and protect public safety.
- Ignition Interlock Devices (IID): See information on all ignition interlock devices approved by the Nebraska DMV.
- Reinstate Your Nebraska License: Check requirements and pay fees needed for reinstatement of a revoked or suspended license.
- SR-22 Filing Info: Find information about filing form SR-22 (financial responsibility) with the state in order to prove continued insurance coverage.
- Nebraska’s Point System: See a breakdown of how points accrue on your driver’s license, including points for DUI offenses.
What to Do If You’re Charged with a DUI Resulting in Death in Omaha
If you’re under investigation or already charged with vehicular homicide while intoxicated in or around Omaha, it’s critical to act immediately. Anything you say or do can impact your defense, and your freedom. Follow these steps:
Step 1: Contact an Omaha DUI Resulting in Death Defense Attorney Immediately
Do not talk to police or investigators without your lawyer present. At Miltenberger Law Offices, we step in right away to protect your rights, manage communications, and start building your defense before formal charges are even filed. We’re available 24/7 for emergency DUI arrests in the Omaha area or anywhere else in Nebraska. Call (402) 217-2267 or reach out online for immediate help.
Step 2: Preserve Evidence
We quickly gather accident reports, witness statements, dashcam footage, and forensic data. These details are critical for reconstructing the scene and identifying whether external factors (weather, road conditions, other drivers) may have contributed to the crash.
Step 3: Avoid Public Discussion
Never discuss your case on social media, with friends, or even family members. Prosecutors can subpoena posts, texts, or calls. Only speak with your Omaha DUI defense attorney.
Step 4: Request a DMV Hearing Within 10 Days
You have just 10 days in Omaha or anywhere else across Nebraska to request an Administrative License Revocation (ALR) hearing with the DMV to contest suspension. We handle this process on your behalf.
Step 5: Begin Preparing for Court
A felony DUI defense involves both criminal proceedings and possible civil exposure. We prepare a dual-track strategy — protecting your criminal defense while minimizing financial liability.
DUI Resulting in Death vs. Motor Vehicle Homicide in Nebraska
While both involve fatalities, there are critical differences between DUI causing death and motor vehicle homicide:
| Charge Type | Involves DUI? | Charge Level | Maximum Penalty |
|---|---|---|---|
| Motor Vehicle Homicide (Ordinary Negligence) | No | Class I Misdemeanor | 1 year in jail, $1,000 fine |
| Motor Vehicle Homicide (Reckless Driving) | No | Class IIIA Felony | 3 years in prison, $10,000 fine |
| Motor Vehicle Homicide (Under the Influence) | Yes | Class IIA or II Felony | 20–50 years in prison, $25,000 fine |
Frequently Asked Questions About DUI Resulting in Death in Omaha
Is a DUI resulting in death always a felony in Omaha?
Yes. Any DUI that leads to a fatality is automatically treated as a felony under Nebraska law.
Can I be charged even if the other driver was partially at fault?
Yes. Prosecutors can still bring charges if they believe impairment contributed to the crash, even if the victim shared fault.
Can a DUI resulting in death charge in Omaha be reduced?
In some cases, yes. With strong legal representation, the charge may be reduced to motor vehicle homicide (reckless or negligent) or manslaughter depending on the evidence.
Will I go to prison if convicted?
Most DUI deaths carry mandatory minimums. However, a skilled Omaha DUI defense attorney can pursue lesser charges, alternative sentencing, or reduced terms based on mitigating factors.
Can my driver’s license be reinstated?
Possibly — but only after serving the revocation period and installing an IID. Our firm helps clients manage these reinstatement steps post-sentencing.
Get the DUI Defense You Deserve in Omaha — Call Miltenberger Law Offices Today
If you’ve been charged with a DUI resulting in death in Omaha, you are facing one of the toughest battles of your life. But you don’t have to face it alone.
Call an experienced Omaha DUI defense lawyer at Miltenberger Law Offices now at (402) 217-2267 or contact us online for a free case review.
