DUI Attorney in Omaha, NE

Former Prosecutor Defending Your Rights After a Drunk Driving Arrest in Douglas & Sarpy Counties

As in all states, Nebraska takes a hard line with drunk and/or drugged driving. If you have been arrested, you face a variety of penalties along with the collateral damage of a permanent criminal record. You may believe that fighting a DUI is a lost cause but that is negative thinking. Many defense strategies may be available that could result in a case dismissal or dropped charges. However, you will need the services of a knowledgeable and experienced attorney who knows how to investigate and challenge the evidence being used against you.

You can find a trusted Omaha DUI defense lawyer at Michael J. Fitzpatrick, Attorney at Law. Our lawyer uses his experience as a former police officer and prosecutor, as well as his many years as a defense lawyer, to deconstruct the state’s evidence in search of errors, flaws, and inconsistencies that could work on your behalf. You will always receive personalized legal service and our firm is committed to providing you with excellence in legal ability.

Free Initial Consultations

• Our clients never pay for their initial case evaluation. Contact our firm today to get started.

20+ Years of Legal Experience

• As a former police officer and City & County Prosecutor, Michael J. Fitzpatrick has unique set of skills that will benefit your case.

A Glowing Reputation

• Michael J. Fitzpatrick is one of the premier attorneys throughout Nebraska and is highly regarded by the local legal community.

Certified in Field Sobriety Testing

• Attorney Fitzpatrick has the unique skill set of being certified in field sobriety training and breathalyzer testing.

Call our Omaha DUI attorney at (402) 809-5008 for a free case consultation or contact us online today.

Understanding DUI Charges in Omaha, NE: Local Insights and Resources

Omaha residents facing DUI charges often find themselves navigating a complex legal landscape. The city, along with Douglas and Sarpy Counties, has specific regulations and resources that can impact your case. Local law enforcement agencies, including the Omaha Police Department, are vigilant in enforcing DUI laws, which can lead to serious consequences for those arrested. Understanding the local context is crucial for anyone dealing with these charges.

One of the primary pain points for individuals in Omaha is the potential for severe penalties, including hefty fines, license suspensions, and even jail time. The Nebraska Department of Motor Vehicles (DMV) provides information on the repercussions of DUI offenses, including the process for license reinstatement. Many individuals are unaware of the options available to them, such as diversion programs for first-time offenders, which can help mitigate the impact of a DUI charge.

Moreover, the emotional and financial stress that comes with a DUI arrest can be overwhelming. Residents often worry about how a conviction might affect their employment, especially in a city where many jobs require a valid driver's license. Local resources, such as the Nebraska Safety Council, offer support and information on safe driving practices, which can be beneficial for those looking to avoid future incidents.

At Michael J. Fitzpatrick, Attorney at Law, we understand the unique challenges faced by Omaha residents dealing with DUI charges. Our firm is committed to providing personalized legal support tailored to the specific needs of our community. We are here to help you navigate the legal process and explore all available options to protect your rights and future.

What Are the Nebraska DUI Penalties?

Under Nebraska DUI law, it is illegal to be in physical contact with a motor vehicle while impaired by alcohol or drugs. An arrest can be made for simply sitting in the driver’s seat with the keys in the ignition. The legal BAC limit is .08% for those over 21, and a first offense is a Class W misdemeanor.

A first-offense DUI is punishable by:

• Class W Misdemeanor
• 60 days in jail
• $500 fine
• 6 months license suspension

Second, third, and subsequent offenses are punished more severely with steeper fines, longer incarceration periods, longer license suspensions, and other court-ordered penalties and programs. Multiple DUI offenses can have even more severe consequences.

Common Field Sobriety Tests in Omaha, NE

If you are pulled over in Omaha for a suspected DUI, the officer is likely going to perform one the 3 Standardized Field Sobriety Tests (SFST):

• Horizontal Gaze Nystagmus (HGN) test - In this test the officer will observe the eyes of the person as they slowly move a pen or small object back and forth to look for indicators in each eye that the person is intoxicated.
• Walk-and-turn test - In this test, the officer instructs the person to take nine steps, touching heel-to-toe in a straight line and the return back.
• One-leg stand test - In this test, the officer instructs the person to stand with one foot off the ground and hold it for about 30 seconds or until told to put it down.

The goal of these field sobriety tests is to help the officer determine if the person in question is under the influence of drugs or alcohol. They are looking for signs such as not being able to keep their balance (hopping or swaying), starting before the instructions are finished or not following the instructions properly.

Contact Our Omaha DUI Lawyer Today

When facing a DUI arrest, it is imperative that you work with a firm with a solid reputation for protecting your rights. Michael J. Fitzpatrick, Attorney at Law has helped thousands of individuals seek positive results in all types of criminal matters since 2005. We also provide assistance with interlock devices.

Contact our Omaha DUI lawyer at (402) 809-5008 to discuss your case today.

Commonly Asked Questions

What should I do immediately after being arrested for a DUI?

You should remain calm and polite, avoid arguing with the officer, and exercise your right to remain silent. It's advisable to contact an attorney as soon as possible to help navigate the legal process.

Can I still drive after a DUI arrest?

Typically, your driver's license may be suspended following a DUI arrest, even before a conviction. It's important to inquire about obtaining a temporary permit or the possibility of a restricted license.

How can a DUI affect my employment?

A DUI can have various impacts on your employment, especially if driving is a key part of your job. Employers may view a DUI as a liability, and it could affect professional licenses or certifications.

Are there programs available for first-time DUI offenders?

Yes, Nebraska offers diversion programs for first-time DUI offenders, which may allow for reduced penalties or the possibility of having the charge dismissed upon successful completion of the program.