If you’ve been charged with DUI causing serious injury in Omaha or anywhere in Nebraska, your freedom, license, and future are on the line. You could face years in prison, five-figure fines, and a long-term driver’s license revocation.
In Nebraska, causing serious bodily injury while driving under the influence is treated as a felony offense, no matter if the crash was unintentional. At Miltenberger Law Offices, our experienced DUI defense attorneys know how to handle these high-stakes cases. We’ve been doing it successfully for decades in Omaha and across Nebraska. We use proven legal strategies, in-depth accident analysis, and relentless courtroom advocacy to fight for your rights and help you move forward.
If you’ve been charged with DUI causing serious injury in Omaha, call us as soon as possible at (402) 217-2267 or reach out online to schedule a free, confidential consultation.
What Is Considered DUI Causing Serious Bodily Injury in Omaha?
Under Nebraska Revised Statute § 60-6,198, a person commits DUI causing serious bodily injury when they operate or have actual control of a motor vehicle while under the influence of alcohol or drugs and cause another person, or an unborn child, to suffer serious injury as a result.
Neb. Rev. Stat. § 28-109 defines serious bodily injury as any injury that:
- Poses a substantial risk of death
- Causes permanent disfigurement
- Results in long-term or permanent loss or impairment of a body part or organ
A few common examples seen in vehicle accidents include:
- Brain trauma
- Spinal cord injuries
- Loss of limbs
- Severe internal injuries
Importantly, a DUI involving serious injury is treated as a separate felony under Nebraska law. That means you could be charged with both a standard DUI and DUI causing serious bodily injury, each carrying its own penalties and long-term consequences. That’s why it’s crucial to have a skilled Omaha DUI defense attorney on your side.
Penalties for DUI Causing Serious Injury in Nebraska
Every DUI case in Omaha or elsewhere in Nebraska is unique. The penalties for a DUI with serious injury conviction depend on factors like your record, your blood alcohol concentration (BAC), and the details of the crash. However, these offenses are always treated as felonies under Nebraska law.
Possible penalties include:
| Offense | Charge Level | Prison Time | Fines | License Revocation |
|---|---|---|---|---|
| DUI Causing Serious Bodily Injury | Class IIIA Felony | Up to 3 years in prison | Up to $10,000 | 60 days to 15 years |
| DUI Serious Injury with Prior Convictions or High BAC (≥ .15%) | Class IIA Felony | Up to 20 years in prison | Up to $25,000 | Up to 15 years |
In addition to prison and fines, those convicted face mandatory license revocation, ignition interlock requirements, alcohol monitoring, and post-release supervision. A felony record can also affect employment, housing, and future opportunities.
Why Choose Miltenberger Law Offices to Defend Your Felony DUI in Omaha
When you’re facing felony DUI charges in Omaha or beyond, experience isn’t optional — it’s essential. At Miltenberger Law Offices, our Omaha DUI defense attorneys bring decades of experience and a proven track record defending clients in the most serious and complex DUI cases with the highest stakes.
We don’t just fight for your case, we fight for your future:
- A former prosecutor who knows both sides of the courtroom
- Extensive DUI trial experience in Omaha and across Nebraska
- Aggressive and strategic defense every step of the way designed to minimize or eliminate charges
- 24/7 availability for urgent calls and consultations
DUI Resources in Omaha, NE
- Ignition Interlock Devices (IID): See information on all ignition interlock devices approved by the Nebraska DMV.
- 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.
- Reinstate Your Nebraska License: Check requirements and pay fees needed for reinstatement of a revoked or suspended license.
- 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.
What to Do If You’re Arrested for a DUI Causing Serious Injury in Omaha
The steps you take immediately after your arrest can dramatically affect the outcome of your case. Here’s what to do:
Step 1: Stay Calm & Do Not Admit Fault
Even if you feel remorse, statements like “I’m sorry” or “I didn’t mean to” can be used against you as an admission of guilt. Politely exercise your right to remain silent and wait to speak to your attorney.
Step 2: Request an Omaha DUI Defense Lawyer Immediately
You have the right to legal representation — use it. Call Miltenberger Law Offices right away at (402) 217-2267 or reach out online so our DUI defense team can begin protecting your rights, securing evidence, and contacting law enforcement or prosecutors on your behalf.
Step 3: Do Not Consent to Field Sobriety Tests or Any Searches
In Nebraska, field sobriety and eye tests are not legally required and are highly subjective. Officers often misinterpret results. Politely decline until you have spoken with your DUI serious injury lawyer in Omaha. Unless police have a warrant, you also can refuse any search of your vehicle.
Step 4: Preserve Evidence & Witness Information
Write down everything you remember about the crash — road conditions, lighting, vehicle damage, and statements from other drivers or police. These details can help your attorney build a stronger defense.
Step 5: Request a DMV Hearing
You have 10 days after a DUI arrest to request an Administrative License Revocation (ALR) hearing with the DMV. Missing this deadline can result in an automatic suspension of your license. Our firm will file this request for you immediately.
Defending Against Omaha DUI Serious Injury Charges
DUI cases involving serious injury in Omaha require specialized defense strategies — and at Miltenberger Law Offices, we know how to find weaknesses in the state’s case. Our approach combines forensic analysis, expert testimony, and decades of courtroom experience.
Our defense strategy may include:
- Challenging the traffic stop: Did the officer have probable cause to pull you over?
- Questioning BAC or drug test accuracy: Were testing procedures properly followed under Title 177 regulations?
- Examining injury severity: Does the evidence actually meet Nebraska’s definition of serious bodily injury?
- Disputing causation: Was intoxication truly the cause of the crash, or did another driver, hazard, or medical condition contribute?
- Exposing constitutional violations: Any unlawful search, seizure, or interrogation can result in key evidence being thrown out.
Frequently Asked Questions About DUI Causing Serious Injury in Omaha
Is DUI causing serious injury a felony in Nebraska?
Yes. Under Nebraska Revised Statute §60-6,198, DUI causing serious bodily injury is a Class IIIA felony, punishable by up to 3 years in prison, $10,000 in fines, and up to 15 years of license revocation. If you have prior DUI convictions or a BAC of .15% or higher, the charge can increase to a Class IIA felony, carrying up to 20 years in prison.
Do I have to go to jail for a DUI with serious injury conviction in Omaha?
Not necessarily. While the law allows for prison time, an experienced defense attorney may negotiate alternatives such as probation, treatment programs, or reduced charges — especially if this is your first felony offense or if other factors (like road conditions or mechanical failure) contributed to the crash.
Can I lose my license after an Omaha DUI causing injury charge?
Yes. A DUI serious injury conviction carries a mandatory driver’s license revocation of 60 days to 15 years, depending on your record and the severity of the offense. Our DUI defense attorneys in Omaha can help you request a DMV hearing within 10 days of your arrest to fight this suspension and, in some cases, secure an ignition interlock permit so you can keep driving legally while your case proceeds.
Can I be charged with both DUI and DUI causing serious injury under Nebraska law?
Yes. Nebraska law treats DUI causing serious bodily injury as a separate offense from a standard DUI. That means prosecutors can charge you with both crimes for the same incident, each carrying its own penalties. That’s why it’s critical to have an experienced Omaha felony DUI defense lawyer to challenge the state’s case and fight to reduce or dismiss the charges.
Can a DUI causing serious injury be expunged in Nebraska?
Unfortunately, most felony DUI convictions, especially those involving serious injury, cannot be expunged under current Nebraska law. However, your Omaha DUI defense attorney can still help minimize long-term consequences by pursuing charge reductions, record sealing (in limited cases), or post-conviction relief.
Contact an Omaha DUI Serious Injury Lawyer at Miltenberger Law Offices Today
If you’ve been charged with DUI causing serious bodily injury in Omaha or anywhere else in Nebraska, the clock is ticking. Evidence can fade, and deadlines, such as your ALR hearing request with the DMV, come fast. This charge doesn’t have to change your life. With the right defense, you can fight back.
Call (402) 217-2267 now or contact us online for a case evaluation with an Omaha DUI serious injury defense lawyer.
