Omaha First Offense DUI Lawyers

For drivers under the age of 21, a BAC of 0.02% or higher constitutes a DUI. Additionally, Nebraska imposes severe penalties for those found driving under the influence of drugs, whether they are prescription medications, over-the-counter drugs, or illegal substances. Drugged driving is often investigated by “Drug Recognition Experts,” who are police officers specially trained to detect this type of impairment. 

The state employs both  “per se” laws—where a specific BAC level is considered conclusive evidence of impairment—and observational evidence, where erratic driving behavior, field sobriety test results, and other indicators can be used to establish impairment, even if the BAC is below the legal limit. Thus, you can be arrested for DUI if your BAC is below .08 percent if you are seen as being impaired to any appreciable degree. 

First-Offense Penalties

How you are punished upon a first offense conviction will depend on various factors. 

These factors can include: 

• Whether you have prior convictions in the last 15 years
• Whether your BAC measured .15 percent or higher
• Whether you caused an accident involving property damage, injury, or death
• Whether other aggravating factors occurred

First offenses are generally charged as misdemeanors. Penalties can include seven to sixty days of jail time, a fine of up to $500, a license suspension of six months, an ignition interlock device installed in your vehicle for up to a year, and an alcohol evaluation and treatment program. 

If you are given a suspended sentence, penalties are generally reduced; you will be put on probation. However, if your BAC measured .15 or higher, you would likely face steeper penalties.