Repeat Offenders Face Harsher Penalties & Longer Lookback
DUI Defense Attorney in Omaha & Nebraska
As of January 2012, a DUI from as far back as 15 years ago now counts as
a prior offense in Nebraska. Whether the previous drunk driving conviction
was recent or dates back to the late ’90s, the statutory punishment
for a repeat offense is the same.
At the Berry Law Firm, we understand the severe criminal penalties, license
sanctions and financial burdens of a repeat DUI. We will do everything
within the bounds of the law and professional ethics to get your cases
dismissed or downgraded. If necessary, we will fight your drunk driving
arrest at trial to avoid a conviction.
DUI defense lawyers represent drivers throughout Nebraska.
Contact us to arrange a consultation at our offices in Lincoln or Omaha.
Lancaster County/Douglas County Attorneys for Multiple DUI Defense
The potential penalties escalate for a second, third, fourth and fifth
DUI. At each level, prosecutors are less likely or less able to plead
cases down, and judges are more likely to mete out the full statutory
punishment. You need an experienced DUI attorney who can aggressively
challenge the evidence and negotiate on your behalf to mitigate the penalties.
The Nebraska legislature recently increased the DUI “lookback”
from 12 years to 15 years. This means that many people with one or more
prior convictions face
severe penalties if convicted of the latest DUI:
- Second DUI — This is a Class W misdemeanor, punishable by 30 to 90
days in jail.
- Third DUI — This is a Class I misdemeanor, punishable by 90 days
to one year in jail.
- Fourth DUI — This is a Class IIIA felony, punishable by 180 days
to five years in jail.
- Fifth or subsequent DUI — This is a Class III felony, punishable
by two to 20 years in jail.
A blood alcohol content (BAC) of .15 or greater elevates the charges one
level. For example, a third DUI suddenly becomes a felony DUI with a minimum
of 180 days in jail and 15-year license revocation.
A repeat DUI in tandem with a fatal accident can be charged as a
motor vehicle homicide, a Class II felony punishable by one to 50 years in prison.
We Aggressively Challenge a Repeat DUI
We have obtained dismissals, reductions and acquittals by exploiting the
weak links in the prosecution’s case. Our sole focus is positioning
you for the most favorable outcome under your circumstances. We routinely
try misdemeanor and felony DUI cases before a judge or jury to avoid jail,
a felony record, loss of driving privileges and other harsh penalties.
Call (402) 817-6550 or
contact us online to talk to experienced DUI defense attorneys in Omaha & Lincoln.