DUI Second Offense Lawyer in Omaha | Aggressive Repeat DUI Defense

A second DUI charge in Omaha is serious, and the penalties can change your life. At Miltenberger Law Offices, we know how overwhelming it feels to face the possibility of jail time, fines, and license suspension, not to mention the social stigma that comes with a DUI second offense. With decades of DUI trial experience in Omaha, surrounding areas, and across Nebraska, our DUI defense attorneys fight relentlessly to protect your freedom, your record, and your right to drive.

If you’ve been arrested for a second DUI in the Omaha area, call Miltenberger Law Offices as soon as possible at (402) 217-2267 or reach out online to schedule a confidential consultation with one of our experienced DUI defense attorneys.

Understanding a DUI Second Offense in Omaha

Under Nebraska Revised Statute §60-6,197.02, a second DUI offense occurs when a person is convicted of driving under the influence within 15 years of a previous DUI-related conviction. That means a prior offense, even from another state, can count against you if it falls within that timeframe.

A second DUI in Omaha is classified as a Class W misdemeanor, but it carries substantially harsher penalties than a first offense:

Jail Time & Fines
For a second DUI conviction, you face up to six months in jail and a $500 fine, along with a mandatory 18-month license revocation.
If your blood alcohol concentration (BAC) was 0.15% or higher, or if you refused a chemical test, the charge escalates to a Class I misdemeanor — punishable by up to 1 year in jail, a $1,000 fine, and a revocation period of 18 months to 15 years.
Probation and Community Service Options
If the court grants probation, you may still serve 10 days in jail or complete 240 hours of community service. For high BAC or test refusal cases, probation requires at least 30 days in jail and a $1,000 fine.
Driver’s License Revocation
Upon arrest, your license is immediately subject to administrative revocation under Neb. Rev. Stat. § 60-498.01. You have 10 days to request a hearing with the DMV to challenge the suspension. Missing this deadline results in automatic revocation.
Our Omaha DUI defense team handles this process for you — requesting the hearing, defending your right to drive, and helping you obtain an ignition interlock permit so you can continue driving legally while your case is pending.
Ignition Interlock Device (IID) Requirements
After 45 days of no driving, you may qualify for an IID permit, allowing you to operate your vehicle with a breath-based ignition device. You must maintain this device for at least 1 year or the duration of your revocation period.
Vehicle Immobilization and Monitoring
The court may order immobilization of your vehicle or require installation of an IID on all vehicles you own or operate. Some offenders must also use continuous alcohol monitoring systems to ensure sobriety throughout probation or revocation.

How Miltenberger Law Defends Second Offense DUI Charges in Omaha

At Miltenberger Law Offices, we know that a second DUI offense in Omaha is far more serious than a first. The penalties are harsher, prosecutors are less flexible, and your driving privileges, and freedom, are both at risk. But a second DUI charge does not mean a guaranteed conviction. Our skilled and aggressive Omaha DUI defense team uses a targeted, technical strategy to uncover weaknesses in the state’s case and protect your rights at every step.

Our Omaha DUI second offense lawyers will:

Protect Your License Immediately — A second DUI triggers an Administrative License Revocation (ALR) process within 10 days of your arrest. We file your hearing request, challenge the revocation, and pursue an ignition interlock permit so you can legally keep driving while your case is pending.
Analyze the Stop and Arrest — We examine whether the officer had lawful grounds to stop your vehicle, whether probable cause existed for arrest, and whether your constitutional rights were violated. If the stop was illegal, evidence like field sobriety or breath tests may be thrown out entirely.
Challenge Breath, Blood, or Chemical Testing — Under Nebraska’s Title 177 testing regulations, law enforcement must follow precise procedures. Our team checks calibration logs, timing intervals, and chain-of-custody records for any deviation that can render results invalid.
Scrutinize Prior Convictions — A “second offense” requires a valid prior DUI conviction within Nebraska’s 15-year look-back period. We verify the accuracy of your prior record and challenge any out-of-state convictions or procedural errors that may be used to enhance penalties.
Negotiate and Advocate Strategically — When dismissal isn’t possible, we focus on minimizing penalties through probation, community service, or alcohol treatment alternatives. Our goal is to help you avoid jail time and protect your career, family, and future.

Every second DUI case is different, and our defense strategy reflects that. From the moment you call, we begin gathering evidence, filing motions, and building leverage with the prosecution. We don’t take a “one-size-fits-all” approach, because we know your freedom deserves better.

DUI Resources in Omaha, NE

SR-22 Filing Info: Information on filing form SR-22 (financial responsibility) with the state proving continued insurance coverage.
Nebraska’s Point System: See a breakdown of how points accrue on your driver’s license, including points for DUI offenses.
Ignition Interlock Devices (IID): Find information on 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.
Nebraska DUI Court Best Practice Standards: See details about the state’s DUI court, which works to protect public safety and increase the participant’s likelihood of successful rehabilitation.

Omaha DUI Second Offense Defense Lawyer | Protect Your Future With Miltenberger Law Offices

What to Do After a Second DUI Arrest in Omaha

A second DUI moves fast and carries steeper risks than a first offense. The steps you take in the first few days are critical for protecting your license, your freedom, and your case. Here’s a clear plan tailored to Omaha/Douglas County and Nebraska Department of Motor Vehicles procedures:

Step 1: Stay Calm, Cooperate, and Say Less

Be respectful and follow lawful commands, but don’t volunteer details. After basic identifying information, invoke your rights: “I’m asserting my right to remain silent and I want a lawyer.” Second-offense DUI cases in Omaha often involve body-cam footage; calm, compliant behavior helps later.

Step 2: Do Not Consent to Extra Testing or Searches

Field sobriety tests are optional. You may also decline consent searches of your phone, car, or home unless officers have a warrant.

Step 3: Call a DUI Second Offense Lawyer at Miltenberger Law Officers Immediately

DUI second offenses in Omaha trigger automatic administrative actions. Our team moves quickly to:

Request your DMV/ALR hearing (10-day deadline)
Verify charges, bond, and release conditions
Start preserving videos, calibration records, 911/cad logs, and witness info

Step 4: Protect Your Driver’s License

Nebraska’s Administrative License Revocation (ALR) clock starts at arrest. You have 10 days to request a hearing or you’ll face automatic revocation. We file the request, challenge the stop and testing, and pursue driving privileges (often via Ignition Interlock Permit) while the case is pending.

Step 5: Secure Release and Follow Bond Conditions to the Letter

For a second-offense DUI in Omaha and beyond, judges often impose stricter release terms: no alcohol, random testing, SCRAM/continuous alcohol monitoring, no travel, and no new offenses. Violations can land you back in custody and hurt any plea/trial leverage. Keep proof of compliance.

Step 6: Document Everything While It’s Fresh

Within 24–48 hours, write a timeline: where you were, what you drank (if anything), meds/medical conditions, road/weather conditions, testing sequence and timing, and officer statements. List witnesses and camera locations (bars, gas stations, doorbells, traffic cams). Save texts, call logs, photos, receipts, rideshare records, and location data — don’t edit or delete.

Step 7: Go Dark on Social Media (and Group Chats)

Prosecutors can subpoena posts, DMs, and even “private” stories. Don’t discuss your case with anyone but your Omaha DUI defense lawyer. If family or friends need updates, we can handle that messaging for you.

Step 8: Start Smart Mitigation Early

Second-offense results often hinge on proactive steps. Thoughtful mitigation can improve offers, influence sentencing, or support probation over jail. We’ve seen it work wonders in several cases in the Omaha area. Depending on the facts, we may recommend:

Alcohol evaluation and AA/SMART or outpatient treatment
Interlock installation/monitoring compliance
Counseling (anger, mental health), community service, employer letters

Step 9: Let Your Omaha DUI Second Offense Lawyer Handle All Contacts

Do not reach out to officers, the alleged victim (if an accident or injury is involved), or potential witnesses yourself. We use investigators and formal channels so nothing jeopardizes your defense.

Why Choose Miltenberger Law Offices for a Second DUI Offense in Omaha

When it comes to defending DUI charges, experience matters. At Miltenberger Law Offices, we’ve spent decades representing clients throughout the Omaha area and across Nebraska, earning a proven track record of successful outcomes in even the toughest DUI cases.

Here’s how we’re different:

A proven track record of defending repeat offenders and minimizing penalties in Omaha
A former Douglas County Attorney with insider knowledge of how prosecutors build DUI cases
Personalized representation with direct communication from your DUI defense attorney, not a paralegal or administrative assistant.
Decades of DUI trial experience in Omaha and across Nebraska
Comprehensive defense for both your criminal and DMV proceedings

When your license, freedom, and record are on the line, you need an Omaha DUI defense attorney who knows how to win second-offense DUI cases. Miltenberger Law Offices has the experience and local insight to do just that.

FAQ: DUI Second Offense in Omaha

Do I have to perform a field sobriety test in Omaha?

No, you are not legally required to perform a field sobriety test. You can politely decline without facing additional penalties. However, Nebraska’s implied consent law requires you to take a chemical test (breath or blood) after arrest. Refusing this test leads to automatic license suspension.

Can a second DUI be reduced to a first offense?

Yes, in some cases. With the right DUI defense, your attorney may negotiate charge reductions based on procedural errors, lack of prior conviction documentation, or insufficient evidence.

Will I lose my driver’s license immediately after a second DUI arrest?

Unless you request a DMV hearing within 10 days, your license will be automatically revoked. Hiring a Miltenberger Law Offices Omaha DUI defense lawyer immediately ensures this hearing is requested and properly handled.

Can I avoid jail time for a second DUI in Nebraska?

Possibly. Some Omaha clients qualify for probation, community service, or alcohol treatment programs in lieu of jail — especially if they complete proactive steps before sentencing.

How long will a second DUI stay on my record?

A DUI conviction remains on your record permanently, but you may be eligible for record sealing or limited reinstatement after meeting all sentencing conditions.

Take Immediate Action — Call a Skilled Omaha DUI Defense Lawyer at Miltenberger Law Offices

A second DUI conviction in Omaha can have long-term consequences, but it doesn’t have to define your future. Call Miltenberger Law Offices right now at (402) 217-2267 or contact us online for a free case review. We’ll review your case, explain your options, and start building a defense strategy tailored to your situation that gets you the best possible outcome.