Leading Elkhorn, NE DUI lawyer. If you’ve been arrested for DUI in the Elkhorn, NE area, you’re facing serious consequences, and the state is already working against you. From license suspension to heavy fines and long-term criminal penalties, the process moves quickly and the stakes are high.

Miltenberger Law Offices is Elkhorn, NE’s leading DUI defense firm. We don’t wait. We attack. We move immediately to protect your license, scrutinize the traffic stop, dismantle any field sobriety and chemical tests, and build a defense strategy that gives you leverage in court — not the other way around.

Your rights and your future deserve skilled protection. Call (402) 217-2267 or reach out online for a private consultation with a dedicated Elkhorn, NE DUI attorney who knows how to get results.

What Exactly is DUI in Elkhorn, NE?

In Elkhorn, NE, a DUI is defined under Nebraska Revised Statute § 60-6,196. You don’t need to be driving down the road to be arrested. The law makes it illegal to operate — or even be in “actual physical control” of — a vehicle while impaired by alcohol or drugs. That means someone sitting in the driver’s seat with the keys in the ignition can still be charged with DUI in Elkhorn, NE.

Penalties for a Elkhorn, NE DUI can include:

• Class W Misdemeanor
• SR-22 insurance requirements
• 6-month license suspension
• Up to 60 days in jail
• $500 fine
• A criminal record affecting work, housing, and travel

And these penalties increase dramatically with aggravating factors or prior DUI convictions in Nebraska. Under Neb. Rev. Stat. § 60-6,197.02, the state uses a 15-year-lookback period.

Nebraska’s ALR Process: Why Your License Is at Risk Before You Ever Go to Court

A lot of people don’t realize it, but when you’re arrested for DUI in Elkhorn or anywhere else in Nebraska, you’re actually fighting two separate battles:

• 1. The criminal DUI case
• 2. The Administrative License Revocation (ALR) case with the Nebraska DMV

This process is fast, you only have 10 days to request a hearing, unforgiving, and completely separate from your court dates. If you don’t take immediate action, you can lose your driving privileges even if your Elkhorn, NE DUI charges are later reduced or dismissed. Miltenberger Law Offices steps in immediately to stop the automatic suspension and protect your right to drive.

We take over immediately to stop the automatic suspension, contest the officer’s paperwork, and protect your ability to drive. We know exactly how the DMV’s ALR process works and how to challenge it effectively.

Our experienced DUI attorneys in Elkhorn, NE defend both sides of your DUI case and fight to secure the best outcome possible.

Your Elkhorn, NE DUI Defense Blueprint

Prosecutors lean on assumptions. We lean on facts. When you hire Miltenberger Law Offices, we don’t treat your Elkhorn DUI like a standard case — we tear it apart piece by piece. Every DUI arrest in Elkhorn, NE has weak points, and our job is to find them. Here’s where we start:

1. The Traffic Stop

We investigate every detail in the Elkhorn, NE area:

• Did the officer have a lawful reason to initiate the stop?
• Were alleged lane violations or equipment issues properly documented?
• Do bodycam/dashcam videos match the officer’s written narrative?
• Was the stop based on a hunch rather than reasonable suspicion?

If the stop wasn’t lawful, everything that happened afterward, including breath or blood tests, can be thrown out.

2. Field Sobriety Tests (FSTs)

You are not legally required to take a FST in Elkhorn or anywhere else in Nebraska. If you do take one, we examine whether:

• Whether the officer properly explained and administered the standardized tests (HGN, Walk-and-Turn, One-Leg Stand)
• Whether uneven pavement, cold weather, poor footwear, physical limitations, or medical issues skewed your performance
• The officer used non-standardized tests (counting, alphabet backwards, touching nose, etc.) to justify arrest

These tests are highly subjective, and we make sure the court sees that.

3. Chemical (Blood & Breath) Testing

Blood and breath tests aren’t bulletproof. They only hold up if police and lab techs follow every rule perfectly in Elkhorn, NE, and that rarely happens. We dig into issues such as:

• Whether the breath machine was properly calibrated and maintained
• If the officer correctly followed all Title 177 testing protocols
• Health conditions (GERD, diabetes, dental appliances, etc.) that can falsely elevate BAC levels
• Chain of custody for blood or urine samples
• Storage temperatures, contamination risks, and lab technician mistakes

A surprising number of Elkhorn, NE DUI cases collapse when chemical test procedures are challenged by an expert.

4. Statements & Procedure in Elkhorn, NE

Your words can help the state — but only if the police followed the rules. We dig into:

• Whether Miranda warnings and implied-consent advisements were properly given
• Any confusion, pressure, or coercive tactics surrounding chemical test requests
• If officers cut procedural corners or ignored required steps

When police cut corners, your statements and other evidence can be suppressed, dramatically weakening the prosecution’s case.

5. Mitigation & Outcome

Even when the state has evidence, we can still position you for the best possible result. We guide Elkhorn, NE clients through:

• Alcohol assessment and education (including First Offender Courses)
• Early Ignition Interlock setup for favorable negotiations
• Elkhorn, NE community service or counseling
• Enrollment in treatment programs to show proactive rehabilitation
• Presenting character, employment, and hardship documentation for sentencing advocacy.

We don’t just defend your Elkhorn, NE DUI case — we protect your long-term future and put you in the strongest position possible.

How We Battle Your DUI Charge in Elkhorn, NE — Step by Step

When you choose Miltenberger Law Offices, you aren’t just hiring a Elkhorn, NE DUI lawyer who will stand beside you in court — you’re securing a legal team that understands exactly how DUI cases are built, challenged, and beaten in Elkhorn, NE. We analyze every detail of your stop, testing procedures, and police conduct, because even a single error can shift the entire outcome of your case.

Our DUI defense process fires on all cylinders from day one in Elkhorn: we move fast to save your license, dissect the evidence for weaknesses, and build a defense strategy that gives you leverage instead of leaving you at the mercy of prosecutors. The moment you hire our Elkhorn, NE DUI team, every action we take is targeted at one outcome: winning your case or minimizing the consequences so your life stays intact.

Step 1: Immediate Intake & License Protection in Elkhorn, NE

We review your citation, testing paperwork, and video (if available), and file the paperwork to challenge your license suspension within the 10-day deadline. We’ll also advise on interlock options so you can keep driving legally.

Step 2: Elkhorn, NE Comprehensive Discovery & Case Investigation

We demand police reports, video, calibration logs, medical records (if relevant), and lab documentation. Where necessary, we work with forensic specialists and former law enforcement trainers to break down weak police procedures.

Step 3: Targeted Pretrial Motions in Elkhorn, NE

This is where a lot of Elkhorn, NE DUI cases collapse. Smart, strategic motions can gut the prosecution’s evidence long before trial. Depending on your case, we may move to:

• Throw out the initial traffic stop
• Exclude FST observations
• Eliminate chemical test evidence
• Challenge chain of custody
• Dismiss enhancements (BAC ≥ .15%, prior convictions, etc.)

Step 4: Strategic Negotiation & Powerful Trial Preparation

We prepare as if every DUI case in Elkhorn, NE is going to trial. That’s where our credibility comes from. When prosecutors know we’re prepared to take your case to trial, you get better offers, whether it is reductions, dismissals, diversion options, or amended charges (like reckless driving). If trial is the best option for your case, we go in tenaciously and prepared.

Take Control of Your Future — Call an Elkhorn, NE DUI Lawyer at Miltenberger Law Offices Right Away

A DUI charge in Elkhorn, NE is a serious moment, but it’s not the end of your story. With the right defense team behind you, you can protect your rights, limit the consequences, and take control of what happens next. Our Elkhorn, NE DUI attorneys bring the experience, precision, and urgency needed to stand between you and a conviction.

Your defense begins the moment you contact Miltenberger Law Offices. Send us a message or call (402) 217-2267 right now to put a proven Elkhorn, NE DUI lawyer on your side.