Being charged with DUI once is stressful. Being charged a second, third, or subsequent DUI in Omaha or anywhere else in Nebraska can feel devastating. With every additional conviction, the stakes grow higher — mandatory jail time, lengthy license revocations, ignition interlock requirements, and even felony prosecution for repeat offenses.
Mistakes happen; we understand. At Miltenberger Law Offices, we know what you’re up against. Our Omaha multiple DUI defense lawyers have decades of experience defending repeat offenders across Nebraska. We fight to protect your rights, minimize penalties, and in many cases, reduce or avoid additional convictions altogether.
If this isn’t the first time you’ve been arrested for DUI in Omaha, don’t wait to get help. Call (402) 217-2267 as soon as possible or contact us online to schedule a free, confidential consultation with an expert multiple DUI defense lawyer in Omaha.
Understanding Nebraska’s Multiple DUI Laws
Nebraska’s DUI laws are among the toughest in the Midwest. State prosecutors treat repeat DUIs as proof of “patterned” behavior — often seeking the harshest possible sentence.
Under Nebraska Revised Statute § 60-6,197, DUI penalties escalate sharply with each conviction within a 15-year “lookback period.” This means prior DUIs from up to 15 years ago can still count against you. Every conviction after your first drastically increases your jail exposure — and your chance of losing your license, job, and freedom.
However, this area of law is complex, and prosecutors sometimes misapply it. Our DUI defense attorneys meticulously review your record to make sure you aren’t, or haven’t been in the past, unfairly charged as a repeat offender in Omaha.
Why Multiple DUIs in Omaha Can Become Felonies
If you’ve been charged with three or more DUIs in Omaha, or your BAC was .15 or higher, your case could escalate to a felony DUI. Felony convictions in Nebraska carry lifelong consequences, including:
- Mandatory ignition interlock or continuous alcohol monitoring
- Years or even decades in state prison
- Loss of voting and firearm rights
- Felony record visible to employers and licensing boards
- License revocation for up to 15 years
We work tirelessly in the Omaha area and across Nebraska to prevent felony convictions — whether by challenging the evidence, disputing BAC results, or negotiating for alternative sentencing.
Why Choose Miltenberger Law Offices for Omaha Multiple DUI Defense
Not all DUI attorneys are equipped to handle complex repeat offender cases. At Miltenberger Law Offices, we bring decades of criminal defense experience to every case — and we’ve successfully defended hundreds of clients facing multiple DUI charges in Omaha and across Nebraska.
When your freedom, license, and future are on the line, you need a defense team that knows exactly how to fight back — and win. Our firm offers:
- A Proven Track Record:: Our results include DUI case dismissals, reduced charges, and successful appeals in Omaha, throughout Douglas and Sarpy Counties, and across Nebraska.
- 24/7 Availability: A DUI arrest is an urgent situation, and they don’t often happen during normal business hours. We’re here to help, no matter what time.
- A Former Prosecutor Who Knows Both Sides: We anticipate the prosecution’s strategy and counter it at every stage.
- Aggressive DUI Defense: We handle complex DUI cases in Omaha and across Nebraska daily, including those involving repeat offenses, felonies, injuries, and death. We tailor our defense strategy to your circumstances.
- Direct Access to Your Attorney: Need to know the next step in your case? Or an update on your appeal? You’ll have your lawyer’s direct contact information, not a junior associate or paralegal.
Penalties for Multiple DUI Conviction in Omaha
Nebraska’s DUI penalties increase sharply with each conviction. The chart below outlines how Nebraska defines and punishes repeat DUI offenses:
| Offense | Charge Level | Jail / Prison Time | Fines | License Revocation |
|---|---|---|---|---|
| First DUI | Class W Misdemeanor | Up to 60 days | Up to $500 | 6 months |
| Second DUI | Class W Misdemeanor | Up to 6 months | Up to $500 | 18 months |
| Second DUI (BAC ≥ .15% or refusal) | Class I Misdemeanor | 90 days–1 year | Up to $1,000 | 18 months–15 years |
| Third DUI | Class W Misdemeanor | Up to 1 year | Up to $1,000 | 15 years |
| Third DUI (Aggravated, BAC ≥ .15%) | Class IIIA Felony | 90 days–3 years | Up to $10,000 | 15 years |
| Fourth DUI | Class IIA Felony | Up to 20 years | Up to $25,000 | 15 years |
| Fourth or Subsequent DUI (Aggravated) | Class II Felony | 1–50 years | Up to $25,000 | 15 years |
How Miltenberger Law Offices Defends Multiple DUI Charges in Omaha
Every DUI case in Omaha is unique. We analyze your situation from every angle, from police procedure to testing accuracy, to uncover weaknesses in the prosecution’s case.
Our Omaha DUI defense lawyers will:
- Challenge the Stop and Arrest: Was there probable cause to pull you over? Were field sobriety tests or arrests conducted properly?
- Review Breath and Blood Testing: Nebraska law requires strict adherence to Title 177 testing procedures. A calibration or handling error could invalidate your results.
- Fight to Preserve Your License: We represent you at Administrative License Revocation (ALR) hearings with the DMV to stop or shorten suspensions and help secure ignition interlock driving privileges.
- Examine Your Prior Convictions: We investigate whether your previous DUIs were constitutionally sound. In some cases, older DUIs can be excluded from consideration.
- Negotiate for Reduced Charges: When possible, we push for lesser offenses like reckless driving, probation, or treatment-based alternatives.
We build every multiple DUI defense with precision — combining deep legal knowledge with aggressive courtroom strategy to give you the strongest chance at success.
Alternative Sentencing Options for Repeat DUI Offenders in Omaha
In some cases, Miltenberger Law Offices can negotiate alternatives to jail, especially for clients who show a genuine effort toward recovery or rehabilitation. These may include:
- Alcohol treatment or counseling
- House arrest or work release programs
- Community service or probation
- Ignition interlock permits
- SCRAM or other alcohol monitoring devices
Courts often consider proactive steps like attending treatment or AA meetings when determining sentencing. We help you take those steps early to strengthen your case.
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 Charged With a Third or Subsequent DUI in Omaha
Facing multiple DUI charges can feel overwhelming, but your case is not hopeless. The steps you take immediately after arrest can significantly affect your outcome:
Step 1: Call a Multiple DUI Defense Lawyer in Omaha Immediately
Do not face repeat DUI charges alone. Contact Miltenberger Law Offices as soon as possible — before speaking to police, prosecutors, or the DMV. We can step in to protect your rights and begin working toward a strategic defense.
Step 2: Request a DMV Hearing Within 10 Days
Nebraska law gives you only 10 days to request a hearing to stop the automatic suspension of your driver’s license. Our firm handles this for you while we start preparing your criminal defense.
Step 3: Gather All Prior Case Information
Bring copies of past DUI case files, sentencing orders, and any probation paperwork. We analyze prior convictions to see if any were improperly handled — which can sometimes invalidate or disqualify old DUIs under Nebraska’s lookback law.
Step 4: Avoid Discussing Your Case
Don’t talk to friends, family, or post on social media about your DUI. Prosecutors can use your words against you. Only speak with your knowledgeable Omaha multiple DUI defense attorney.
Step 5: Follow Legal & Court Orders
Comply with all court dates, testing, and treatment requirements. Showing accountability early can help your defense strategy and demonstrate genuine effort toward rehabilitation.
Frequently Asked Questions About Multiple DUI in Omaha
How long does a DUI stay on my record in Nebraska?
DUIs remain on your driving record for 15 years and can be used to enhance future penalties during that time.
Can an old DUI be removed or expunged?
Not likely. In limited cases, expungement or record sealing may be possible after completing your sentence and meeting eligibility requirements.
Can I get my license back in Omaha after multiple DUI convictions?
Yes, but only after serving the required revocation period and completing any court-ordered treatment or ignition interlock requirements.
What if I was charged with a felony DUI in Omaha?
Felony DUI charges require immediate legal representation. Our DUI defense attorneys can challenge the evidence and work to downgrade or dismiss the charges.
Is jail mandatory for a second or third DUI in Nebraska?
Usually yes, but we can sometimes negotiate work release, home confinement, or other alternatives depending on your record and circumstances.
Take Action Today — Call an Omaha Multiple DUI Lawyer at Miltenberger Law Offices
Multiple DUI arrests don’t have to define you or your future. With the right Omaha defense attorney and defense strategy, it’s possible to avoid harsh penalties and rebuild your life.
Call (402) 217-2267 right away or reach out online to start fighting for your second chance.
