If you’ve been accused of a hit and run DUI in Omaha, don’t wait. The actions you take right now can make or break your case. Prosecutors view hit-and-run DUI as reckless, dangerous, and often life-threatening — and they pursue these cases aggressively.
At Miltenberger Law Offices, we understand that people make mistakes, often out of fear, confusion, or panic, not criminal intent. Our mission is to protect your rights, minimize the damage, and fight for the best possible outcome in your Omaha DUI case.
If you’re facing a hit and run DUI charge in the Omaha area, or anywhere else in Nebraska, call our skilled DUI defense attorneys immediately at (402) 217-2267 or reach out online for a free, confidential consultation.
Understanding Hit and Run DUI Charges in Omaha
A “hit and run” — legally known as leaving the scene of an accident — occurs when a driver fails to stop after being involved in a collision, whether it involves another vehicle, property, or a pedestrian. When alcohol or drugs are involved, the situation becomes even more serious.
Under Nebraska Revised Statute § 60-696, drivers have a duty of care and are legally required to:
- Stop immediately at the scene of an accident.
- Provide their name, address, and vehicle registration.
- Offer assistance to anyone injured (such as calling 911).
Failing to do so can result in a criminal charge, and when combined with driving under the influence (DUI), the penalties multiply — leading to possible felony prosecution, long-term license suspension, and even prison time.
Hit and Run DUI Penalties in Omaha, Nebraska
The penalties for a hit and run DUI in Omaha depend on the specific facts of the case — including whether there was property damage, injury, or death. Below is an overview of how Nebraska law handles these charges:
| Type of Offense | Charge Level | Potential Penalties |
|---|---|---|
| Leaving the scene of a property damage accident | Class II Misdemeanor | Up to 6 months in jail, $1,000 fine, 6-month license revocation |
| Leaving the scene of an accident with injury | Class IIIA Felony | Up to 3 years in prison, 18 months post-release supervision, $10,000 fine |
| Leaving the scene of an accident resulting in death | Class IIA Felony | Up to 20 years in prison, $25,000 fine, 15-year license revocation |
| DUI with a BAC ≥ 0.15 or test refusal (with prior DUIs) | Felony DUI | Up to 20 years in prison, $25,000 fine, 15-year license revocation |
When combined, a DUI and hit and run can expose you to consecutive penalties, meaning sentences may be stacked — leading to years in prison and permanent loss of driving privileges. This is precisely why you need to reach out to Miltenberger Law Offices to discuss the specifics of your case with a knowledgeable DUI defense attorney in the Omaha area.
Why You Need an Omaha Hit and Run DUI Lawyer
At Miltenberger Law Offices, we don’t just represent you in Omaha and across Nebraska — we fight to protect your freedom, your reputation, and your future. We know what’s at stake, and we know how to win. A hit and run DUI is more than a traffic charge, it’s a criminal case that can impact every area of your life. Without the right DUI defense attorney in Omaha, you could face:
- A felony record that follows you forever
- Prison time and heavy fines
- Loss of your driver’s license for up to 15 years
- Increased insurance costs or denial of coverage
- Employment, housing, and professional licensing consequences
How Miltenberger Law Offices Defends Omaha Hit and Run DUI Cases
Every case is different, but our approach is always aggressive, strategic, and backed by years of DUI defense experience in Omaha and across Nebraska. We focus on identifying weaknesses in the prosecution’s case and using them to your advantage.
Our DUI defense strategies for your case could include:
- Challenging the stop and arrest — Did police have probable cause? Were your rights violated?
- Attacking BAC evidence — Any chemical testing procedure must follow strict guidelines in Nebraska. We scrutinize everything — testing timelines, calibration, and chain of custody.
- Disputing “knowledge of an accident” — Did you know an accident occurred? Lack of intent can be a strong defense.
- Examining witness reliability — We investigate any witnesses, and question inconsistent or biased statements.
- Negotiating reduced or alternative charges — In some cases, we can pursue plea agreements to eliminate jail time or reduce felonies to misdemeanors.
Our expert DUI defense attorneys include a former prosecutor and experienced criminal defense trial lawyers, giving us deep insight into how Omaha and Douglas County prosecutors handle hit and run DUI cases.
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.
- 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): Learn about 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 DUI Court Best Practice Standards: Read 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 Hit and Run DUI in Omaha
If you’re facing a hit and run DUI charge in Omaha, what you do in the first 48 hours can significantly affect your case. Here are the steps to follow:
Step 1: Stay Calm and Contact an Experienced DUI Defense Attorney
Do not try to explain yourself to police or investigators. Anything you say can be used against you later. Call Miltenberger Law Offices right away at (402) 217-2267 or contact us online. We’ll intervene immediately to protect your rights and begin building your defense.
Step 2: Don’t Discuss the Incident Online or with Others
Avoid social media posts, texts, or casual conversations about the accident or drinking, no matter how innocent it may appear. Prosecutors routinely review online activity for evidence, and will use any comments against you.
Step 3: Preserve All Evidence
If you still have the vehicle involved, do not repair or alter it. Gather witness names, photos, and any communications related to the night in question. This evidence could be vital to your defense.
Step 4: Request a DMV Hearing Within 10 Days
Nebraska law gives you just 10 days to request a hearing to prevent automatic driver’s license suspension. We’ll handle this process on your behalf.
Step 5: Follow Your Omaha DUI Defense Attorney’s Guidance
Don’t speak to insurance adjusters, police, or investigators without your lawyer present. Every statement you make can be taken out of context, twisted, or misunderstood.
At Miltenberger Law Offices, we act fast to investigate the facts, negotiate with prosecutors, and protect your license and freedom.
Frequently Asked Questions About Hit and Run DUI in Omaha
Can a hit and run DUI be reduced to a misdemeanor in Omaha?
Yes, in some cases. If there were no injuries and minimal damage, we can sometimes negotiate a reduced charge or probation-only outcome.
What if I didn’t know I hit something?
Lack of knowledge or awareness is a valid defense. Prosecutors must prove that you knew or reasonably should have known an accident occurred.
Can I get my license back after a hit and run DUI in Omaha?
Possibly. We can request an Administrative License Revocation (ALR) hearing with the DMV and, in some cases, secure an ignition interlock permit that allows limited driving.
Is leaving the scene while drunk always a felony in Nebraska?
No, not always. If no one was hurt and the damage was minor, it may remain a misdemeanor. However, combined with DUI, it becomes much more serious.
How soon should I contact an Omaha DUI defense attorney?
Immediately. The earlier we get involved, the more control we have over evidence, statements, and potential outcomes.
Your Omaha Hit and Run DUI Defense Starts Now — Call Miltenberger Law Offices
If you’ve been accused of a hit and run DUI in Omaha or anywhere in Nebraska, you’re not alone — and your case is not hopeless.
At Miltenberger Law Offices, we provide aggressive, strategic defense backed by decades of DUI experience. We’ll fight to protect your license, your freedom, and your future. Call us now at (402) 217-2267 or contact us online to schedule a case evaluation in Omaha or elsewhere else in Nebraska.
