Driving under the influence is always taken seriously in Omaha and across Nebraska — but when a child is in the vehicle, prosecutors and judges treat the case as especially severe. A DUI charge involving a minor passenger can quickly escalate from a misdemeanor to a felony DUI with child endangerment, leading to prison time, license loss, and permanent damage to your record and reputation.
At Miltenberger Law Offices, we know how high the stakes are. A conviction doesn’t just threaten your freedom — it can impact your parental rights, professional standing, and family life. Our experienced Omaha DUI defense lawyers fight aggressively to protect your future, challenge the state’s evidence, and minimize or dismiss the charges when possible.
If you’re facing DUI with child endangerment charges in Omaha or anywhere else across Nebraska, call us as soon as possible at (402) 217-2267 or contact us online to schedule a free, confidential consultation with one of our expert Omaha DUI defense attorneys.
Understanding DUI with Child Endangerment in Omaha
Under Nebraska Revised Statute § 28-707, child endangerment occurs when a person knowingly places a child under 16 years old in a situation that endangers their life or physical health. When combined with an Omaha DUI offense, this becomes a separate criminal charge, meaning you can be prosecuted for both driving under the influence and child endangerment stemming from the same incident.
In most cases in Omaha and across Nebraska, this charge arises when:
- A child is present in your car during a DUI stop or accident.
- Your BAC is .08% or higher, or you refuse chemical testing.
- The officer determines the child’s safety was at risk due to your impairment.
Key Aspects of a DUI with Child Endangerment Charge in Omaha
A DUI charge in Omaha involving a child in the vehicle is one of the most serious cases you can face as a driver in Nebraska. But, you don’t have to face it alone. The earlier you get legal help from the DUI defense team at Miltenberger Law Offices, the better we can protect your license, your record, and your parental rights.
- Age of Child: The child in the vehicle must be under the age of 16.
- Age of Driver: The law applies to drivers over the age of 21.
- Penalty Enhancement: The mandatory minimum penalty for the DUI charge is doubled for the driver.
- Exemptions: The enhanced penalty does not apply to the duration of time an ignition interlock device (IID) is required.
- Purpose: This law, implemented in 2012, is intended to deter DUI by punishing drivers who put children in harm’s way.
Penalties for DUI with Child Endangerment in Nebraska
The consequences of a DUI with child endangerment in Omaha and beyond depend on several factors — including your blood alcohol concentration (BAC), number of prior DUIs, and whether the child was injured. A child endangerment conviction could also trigger a Child Protective Services (CPS) investigation and affect child custody arrangements. That’s why swift and strategic defense from an Omaha DUI with child endangerment team is essential.
Penalties in Omaha and across Nebraska may include:
| Offense | Charge Level | Jail / Prison Time | Fines | License Revocation |
|---|---|---|---|---|
| DUI with Child Under 16 (First Offense) | Class I Misdemeanor | Up to 1 year in jail | Up to $1,000 | 6 months to 1 year |
| DUI with Child (Second Offense or High BAC ≥ .15%) | Class I Misdemeanor or Class IIIA Felony | Up to 3 years in prison | Up to $10,000 | Up to 15 years |
| DUI with Child and Injury to Minor | Class IIA Felony | Up to 20 years in prison | Up to $25,000 | Up to 15 years |
Defending Against DUI with Child Endangerment Charges in Omaha
With a former prosecutor on our side, we know how that side thinks. And we know how to push back. Our Omaha DUI defense lawyers at Miltenberger Law Offices take a detailed, evidence-driven approach to defending these complex cases.
Common defense strategies we use include:
- Challenging the Stop — Was there a valid reason — probable cause — for the officer to pull you over?
- Questioning BAC Accuracy — Were tests conducted properly and under state-mandated procedures stipulated by Title 177?
- Disputing the Endangerment Element — Was the child actually at risk, or safely secured in a car seat?
- Arguing Improper Dual Charging — Sometimes Nebraska prosecutors overreach by stacking DUI and endangerment charges improperly. We make sure they don’t.
- Contesting Statements or Observations — Were your rights violated during arrest or investigation? Is the prosecution relying on a shady witness?
DUI Resources in Omaha, NE
- SR-22 Filing Info: Find information about filing form SR-22 (financial responsibility) with the state in order to prove continued insurance coverage.
- 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.
- Nebraska’s Point System: See a breakdown of how points accrue on your driver’s license, including points for DUI offenses.
- Nebraska DUI Court Best Practice Standards: Learn about the state’s DUI court, which works to increase the likelihood of successful rehabilitation and protect public safety.
Collateral Consequences of Omaha DUI with a Child in the Vehicle
Our DUI defense attorneys work to minimize penalties, negotiate plea alternatives, and protect your family’s future at every step. A conviction for DUI child endangerment in Omaha or elsewhere in Nebraska can lead to life-altering consequences, even beyond the courtroom:
- Loss of child custody or visitation rights
- Permanent criminal record (affecting background checks and employment)
- Mandatory alcohol education and treatment programs
- Installation of an IID
- Travel and immigration complications for non-U.S. citizens
What to Do If You’re Arrested for DUI with a Child in the Car in Omaha
If you’re charged with DUI and child endangerment, every move you make matters. Here are the steps to follow immediately:
Step 1: Stay Calm & Cooperative
Do not argue with the officer or make excuses. Provide your driver’s license and insurance, but avoid volunteering information about alcohol or drugs.
Step 2: Do Not Consent to Any Field Sobriety Tests or Searches
These tests are voluntary in Nebraska, and officers often use them to build probable cause. Politely decline tests and any warrantless searches until you’ve spoken with your Omaha DUI defense lawyer.
Step 3: Request an Omaha DUI Defense Attorney Immediately
Invoke your right to legal counsel and call Miltenberger Law Offices at (402) 217-2267 right away. We can handle communication with law enforcement and protect your rights during questioning.
Step 4: Avoid Contact with CPS Without Legal Guidance
If a child protection worker or investigator contacts you, do not speak to them alone. Anything you say can be used in both criminal and family court proceedings.
Step 5: Act Quickly to Protect Your License
You only have 10 days after an Omaha DUI arrest to request an Administrative License Revocation (ALR) hearing with the DMV to stop the automatic suspension of your driver’s license. Our firm will handle this process for you.
Why Choose Miltenberger Law Offices to Defend Your Omaha DUI with Child Endangerment Charge
When your reputation, freedom, and family are on the line, experience matters. At Miltenberger Law Offices, we bring decades of criminal defense experience, in-depth DUI law knowledge, and a history of successful results in Nebraska’s toughest DUI cases.
We don’t treat your case like just another file — we treat it like your future. Clients in Omaha and across Nebraska choose us because we offer:
- Proven defense against felony and aggravated DUI charges
- A record of dismissals and reduced penalties
- 24/7 availability for emergency arrests
- Aggressive, compassionate representation when it matters most
- Direct access to your DUI defense attorney in Omaha — no middlemen
Do I need an Omaha DUI lawyer if it’s my first offense?
Absolutely. Even a first-time DUI with a child in the car can lead to jail time, fines, and long-term consequences. Having an experienced Omaha DUI lawyer from the start increases your chances of a favorable outcome, often before charges are finalized.
What happens if CPS gets involved after a DUI arrest in Nebraska?
If a child was in the vehicle, law enforcement may contact Child Protective Services. This can result in temporary custody changes or supervised visitation. Our attorneys coordinate with family law professionals to protect your parental rights and prevent unnecessary interference.
Frequently Asked Questions About DUI with Child Endangerment in Nebraska
Is DUI with a child in the car a felony in Omaha?
It can be. A first offense is usually a Class I misdemeanor, but if your BAC is .15% or higher, you have prior DUIs, or the child is injured, it can become a Class IIIA or IIA felony with years of prison time and up to 15 years of license revocation.
Can I lose my driver’s license for a Nebraska DUI with a minor in the car?
Yes. The Nebraska DMV will begin an ALR process immediately after arrest. You have only 10 days to request a hearing. We handle these hearings to preserve your ability to drive and seek an ignition interlock permit if needed.
Can the child endangerment charge be dropped?
Yes, in some cases. Strong legal representation can make the difference between a misdemeanor and a felony in Omaha and across Nebraska. We’ve successfully negotiated dismissals or charge reductions by showing that:
- The child was safely restrained
- Your BAC results were unreliable
- There was no actual risk to the child
Speak to an Omaha DUI with Child Endangerment Lawyer Today at Miltenberger Law Offices
A DUI with child endangerment charge in Omaha is more than a simple traffic offense. It’s a life-altering criminal accusation that threatens your freedom, your driver’s license, and even your relationship with your child. But you still have rights, and with the right defense, you have options.
We get it; mistakes happen. Don’t make another one by choosing the wrong attorney. Call Miltenberger Law Offices right away at (402) 217-2267 or reach out online for a case evaluation where we can get started on your defense and get you the best possible outcome.
