A felony DUI in Omaha isn’t just another charge, it’s a life-changing event. A conviction can mean years in prison, a revoked license, permanent criminal record, and devastating personal consequences. If you’re facing a felony-level DUI in Omaha, you need a defense attorney who understands the stakes and knows how to fight back.
At Miltenberger Law Offices, we’ve spent decades defending individuals in Omaha and across Nebraska against DUI and felony charges. We know how prosecutors build these cases and, more importantly, how to dismantle them. Call one of our skilled felony DUI attorneys in Omaha right away at (402) 217-2267 or reach out online for a free, confidential case review.
When a DUI Becomes a Felony Charge in Omaha
Most first or second DUIs in Nebraska are misdemeanors. However, felony DUI charges carry severe and lasting consequences — including mandatory jail time, years of license revocation, and a permanent criminal record.
Whether your arrest involved repeat offenses, refusal to test, or an accident with serious injury, Miltenberger Law Offices has the experience to fight back.
Here’s how the state categorizes and punishes different types of felony DUI:
DUI with Two Prior Convictions and a High BAC or Refusal to Test
If you have two prior DUI convictions and are arrested again with a BAC of .15% or higher, or refuse chemical testing, you’ll face a Class IIIA felony.
This offense carries up to 3 years in prison, 9–18 months of post-release supervision, and fines up to $10,000. You may be required to serve at least 180 days in jail and lose your driver’s license for 15 years. Even if granted probation, you’ll face a 45-day no-driving period, a $1,000 fine, and 60 days in jail.
DUI with Three Prior Convictions
A fourth DUI offense becomes a Class IIIA felony in Omaha or anywhere else in Nebraska.
Penalties include at least 180 days in jail, a $2,000 fine, and a 15-year license revocation. On probation, you must wait at least 45 days before applying for an Ignition Interlock Device (IID) permit. You’ll also be required to serve 90 days in jail and complete 90 days of continuous alcohol monitoring after release.
DUI with Three Prior Convictions and a High BAC or Refusal to Test
If you’ve had three prior DUIs and are again arrested with a BAC of .15% or higher or refuse testing, you’ll be charged with a Class IIA felony.
This carries up to 20 years in prison, a mandatory 1-year minimum sentence, and a 15-year license revocation. If you receive probation, expect 120 days in jail, a $2,000 fine, and 120 days of continuous alcohol monitoring after release.
DUI with Four or More Prior Convictions
A fifth DUI or beyond is treated as a Class IIA felony in Omaha.
The court may impose up to 20 years in prison, with a minimum 2-year sentence and a 15-year license revocation. On probation, you’ll face 180 days in jail, a $2,000 fine, and mandatory alcohol monitoring for at least 180 days following your release.
DUI with Four or More Priors and a High BAC or Refusal to Test
When a driver with four or more DUI convictions is arrested with a BAC of .15% or higher or refuses to test, the charge escalates to a Class II felony — one of Nebraska’s most serious DUI offenses.
Penalties include 1–50 years in prison, a mandatory 2-year minimum term, and a 15-year license revocation. Probation still involves 180 days in jail, a $2,000 fine, and 180 days of continuous alcohol monitoring.
DUI Causing Serious Bodily Injury
Under Nebraska Revised Statute § 60-6,198, causing serious injury while driving under the influence is a Class IIIA felony.
Penalties include up to 3 years in prison, 9–18 months of post-release supervision, and fines up to $10,000. The court could also revoke your driver’s license for 60 days to 15 years. “Serious bodily injury” includes permanent disfigurement, loss of a limb or organ, or long-term physical impairment.
DUI Resulting in Death
According to Neb. Rev. Stat. § 28-306, causing a death while driving under the influence is typically charged as a Class IIA felony.
This is punishable by up to 20 years in prison and a driving ban of up to 15 years. If the driver has a prior DUI conviction, the charge escalates to a Class II felony, carrying 1–50 years in prison and a full 15-year revocation.
DUI Causing Death of an Unborn Child
Under Neb. Rev. Stat. § 28-394, causing the death of an unborn child while driving under the influence is a Class IIIA felony.
Punishments include up to 3 years in prison, 9–18 months of post-release supervision, and fines up to $10,000. A prior DUI conviction upgrades the charge to a Class IIA felony, with potential 20-year imprisonment and a 15-year license revocation.
Get a Strong Defense from an Omaha Felony DUI Defense Attorney
Felony DUI charges can destroy your freedom, your career, and your future — but they’re not unbeatable. At Miltenberger Law Offices, we use decades of courtroom experience to challenge chemical tests, prior convictions, and unlawful police procedures. We fight to reduce your penalties, protect your driver’s license, and help you move forward with your life.
Felony DUI Penalties in Nebraska
Nebraska law imposes severe penalties for felony-level DUI convictions. The following chart outlines the classifications, potential jail or prison time, fines, and driver’s license revocation periods for the most common felony DUI offenses.
For personalized guidance on your specific case, contact Miltenberger Law Offices to speak with an experienced Omaha felony DUI lawyer:
| Offense Level | Classification | Jail / Prison Time | Fines | License Revocation |
|---|---|---|---|---|
| 3rd DUI (Aggravated, BAC ≥ .15) | Class IIIA Felony | Up to 3 years in prison (minimum 90 days) | Up to $10,000 | 15 years |
| 4th DUI | Class IIA Felony | Up to 20 years in prison | Up to $25,000 | 15 years |
| 4th DUI (Aggravated) | Class II Felony | 1 to 50 years in prison | Up to $25,000 | 15 years |
| 5th or Subsequent DUI | Class II Felony | 1 to 50 years in prison | Up to $25,000 | 15 years |
| DUI Causing Serious Injury | Class IIIA Felony | Up to 3 years in prison | Up to $10,000 | Up to 15 years |
| DUI Causing Death (Motor Vehicle Homicide) | Class IIA or II Felony | Up to 20–50 years in prison | Up to $25,000 | Up to 15 years |
DUI Resources in Omaha, NE
- SR-22 Filing Info: Learn about filing form SR-22 (financial responsibility) with the state proving continued insurance coverage.
- Nebraska’s Point System: Read 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.
- Ignition Interlock Devices (IID): See information on all ignition interlock devices approved by the Nebraska DMV.
- Nebraska DUI Court Best Practice Standards: Learn about the state’s DUI court, which works to protect public safety and increase the participant’s likelihood of successful rehabilitation.
What to Do If You’ve Been Arrested for a Felony DUI in Omaha
If you’ve been charged with a felony DUI, your first 10 days are critical — especially for protecting your driver’s license and your rights. Here are the steps to follow:
Step 1: Stay Calm and Exercise Your Rights
Don’t argue or volunteer information. Politely tell officers: “I want to remain silent and speak to my attorney.” Do not discuss your drinking or drug use.
Step 2: Request an Experienced Felony DUI Attorney Immediately
Ask contact Miltenberger Law Offices at (402) 217-2267 right away. The earlier we intervene, the better your chances of minimizing damage—or stopping the case before it grows stronger.
Step 3: Do Not Talk About the Case
Never post, text, or talk about your arrest. Anything you share, especially on social media, can be subpoenaed or twisted by prosecutors.
Step 4: Protect Your License
Nebraska’s Administrative License Revocation (ALR) process starts immediately. You have 10 days from your arrest to request a hearing or your license will be suspended automatically. Depending on the circumstances of your case, you may be facing revocation regardless. But we’ll still file the appeal, challenge the stop, and work toward ignition interlock eligibility.
Step 5: Preserve Evidence & Help Build Your Defense
Write down everything that happened — times, locations, witnesses, officer comments. Save receipts, dash-cam or security footage, and contact witnesses. We’ll use this to build a comprehensive defense strategy.
Defending Against Felony DUI Charges in Omaha
Every felony DUI case is unique, but strong defenses our experienced defense attorneys use often include:
- Challenging the Legality of the Stop — If the officer lacked reasonable suspicion, evidence may be suppressed.
- Disputing Chemical Test Results — These tests must follow must follow strict guidelines. Faulty calibration, chain-of-custody errors, or mishandled samples can invalidate BAC or drug results.
- Questioning the Use of Prior Convictions — We ensure the state properly proves prior DUIs within the 15-year “lookback” period.
- Examining Accident Evidence — In injury or homicide cases, we consult accident reconstructionists to challenge causation.
- Negotiating Reductions or Alternative Sentencing — Our goal is to avoid incarceration whenever possible, pursuing probation, treatment, or sentence modification.
Why Choose Miltenberger Law Offices to Defend Your Omaha Felony DUI
Not all DUI defense attorneys in Omaha are equipped for felony-level cases. At Miltenberger Law Offices, we bring decades of criminal trial experience, deep knowledge of Nebraska’s DUI laws, and a relentless commitment to protecting our clients’ rights. When your freedom is at stake, you need more than a lawyer — you need a fighter. One who brings:
- 24/7 Access to Legal Help: DUI arrests don’t happen on a set schedule, and neither do we.
- Focused DUI Defense: We handle complex DUI cases in Omaha and across Nebraska daily, including those involving injuries, deaths, and repeat offenses.
- A Former Prosecutor Who Knows Both Sides: We anticipate the prosecution’s strategy and counter it at every stage.
- Comprehensive Representation: We manage both your criminal case and ALR hearing, two separate but equally vital battles.
- A Proven Track Record in Felony Defense: Our results include dismissals, reduced charges, and successful appeals in Omaha, throughout Douglas and Sarpy Counties, and across Nebraska.
Frequently Asked Questions About Felony DUI in Omaha
What makes a DUI a felony in Omaha?
A DUI becomes a felony if it’s your third offense within 15 years, involves serious injury or death, or if aggravating factors like high BAC or prior refusals are present.
How long does a felony DUI stay on your record?
Felony convictions in Nebraska are permanent. They cannot be expunged, and they can affect employment, housing, and professional licensing for life.
Will I lose my driver’s license permanently?
Not necessarily. Even after a felony DUI, you may qualify for a restricted ignition interlock permit after a set “no-driving” period.
Can I get probation for a felony DUI in Omaha?
Yes, in some cases. Depending on your criminal history and the circumstances of the case, the court may grant probation or an alternative sentencing option—especially with strong legal advocacy.
Do I need an Omaha defense lawyer for a felony DUI?
Absolutely. Felony DUI charges are prosecuted aggressively and carry life-altering penalties. A knowledgeable Omaha DUI defense attorney can identify errors in testing, stop unlawful evidence, and negotiate dramatically reduced outcomes.
Call Miltenberger Law Offices to Get the Best Defense for Your Omaha Felony DUI Charge
A felony DUI in Omaha doesn’t have to define your future. With the right DUI defense attorney, it’s possible to reduce penalties, save your license, and protect your freedom. If you’re facing a felony DUI charge in the Omaha area or anywhere else in Nebraska, call Miltenberger Law Offices as soon as possible at (402) 217-2267 or contact us online.
