The DUI law provides that the DMV can administratively suspend the driving privileges of anyone arrested for DUI. This will happen automatically following arrest for drunk driving, unless a DMV Hearing request is tendered within 10 days of arrest. This is just one of the reasons it is so important to contact qualified DUI defense lawyer, as soon as possible following a DUI arrest.
1904 Farnam Street, STE 101
Omaha, NE 68102
Phone: (402) 455-1711
Fax: (402) 408-6576
In Omaha there are two ways to be convicted of driving drunk. The first type is related to the condition the driver is in when they are stopped, in terms of mental and physical impairment caused by alcohol or drug use. In this case, Nebraska does not have a set BAC (blood-alcohol level) that needs to be met in order to be convicted of a DUI. All the court has to prove is that the driver was impaired. Drivers can be convicted because of field sobriety tests, driving patterns, driver's appearance and results from chemical tests.
DUI laws in Omaha also allow people to be convicted in the case of a violation of the 'per se' DUI laws here. Under these laws driving with a BAC of .08 or higher is a crime. In these circumstances, the court is basing their conviction on body chemistry. This means that even if someone's driving is not affected by alcohol, they can still be convicted of DUI based solely on their BAC level.
If you have been arrested for a DUI in Omaha you are entitled to a jury trial. Omaha juries are made up of six community members, all of which must be convinced that the defendant is guilty beyond a reasonable doubt. If even one jury member is not convinced that the defendant has broken the law, the result will be a hung jury and the case will be dismissed.
The DMV has the authority to suspend the driver's license of anyone who has been arrested for a DUI. Normally this action is automatic, but the defendant can request a hearing within 10 days of being arrested. It is highly suggested that you contact an experienced Omaha DUI attorney immediately if you have been arrested for a DUI.
The technical term for the hearing that takes place when a DUI charge is brought to civil court is 'ALR' or Administrative License Revocation. These hearings look at the circumstances and decide if the arrest was lawful. Hearings are handled by an ALR officer who is an attorney and has the option to advise the DMV Director on actions to take. The Director's decision is then mailed to you and your attorney.
Driving Under the Influence or Driving While Intoxicated is a frequent criminal charge in Omaha. DUI laws are highly enforced by police, and the state has increased punishments for those who are convicted of this crime. A first offense fine can cost up to $2,000 and carries the possibility of 3 days to 6 months in jail and a suspension of driving privileges for 3 months to a year. A second offense fine could run you up to $4,000 and a jail sentence of 1 - 12 months with a license suspension of 6 months to 2 years.
If you or a loved one has been arrested for a DUI, we have the knowledge and experience required to prevail over prosecutors. It is very important that you CONTACT AN ATTORNEY WITHIN 10 DAYS OF YOUR ARREST to have the opportunity to save your driving privileges. Call the Law Offices of Omahas DUI lawyer at (858) 505-8000 to set up a free consultation and have your case evaluated.