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  • Do I Need a DUI Lawyer for a First Offense DUI in Nebraska?

    10/10/201110:46:13 AM Link 0 comments | Add comment

    ALR, attorney, Criminal Defense Lawyer, diversion, Driving Under the Influence, DUI

     

    It depends.  It depends on the facts surrounding your DUI and the county in which you were arrested.  If you have a typical first offense DUI with no accident and a normal blood alcohol level, it comes down to where you are arrested and how big of a gambler you are.  In most counties, you will receive probation for a first offense DUI unless you have a history of substance abuse or there are bad facts surrounding your arrest.  However, with that said, judges and lawmakers are cracking down more and more each year.  If you want to make sure you receive the best result possible, you are always better off with legal representation.

     

    In Sarpy County, the prosecutor's office typically offers Diversion for first offense DUI's as long as the defendant did not refuse the breath test.  So, if you are arrested for your first DUI in Sarpy County, Nebraska, you likely do not need a lawyer unless you caused an accident or you refused to cooperate with the police during your arrest.

     

    In other counties, including Douglas County (Omaha), Diversion is NOT allowed for any DUI offenses.  If you have been charged with Driving Under the Influence in Omaha, Nebraska, you are better off hiring a lawyer.  As mentioned above, assuming you do not have a history of alcohol abuse, and assuming you did not cause an accident, you will likely receive probation on a first offense DUI.  What a lawyer will do is make sure that you receive the best plea agreement possible and help walk you though the process.  Depending on why your vehicle was stopped and witness cooperation, a DUI attorney can sometimes even negotiate a reduced charge of Reckless Driving.

     

    If you do not have the money to hire your own attorney, request one from the Court.  Driving Under the Influence is a serious offense, and it is best to at least consult with an attorney before entering a guilty plea in a DUI case.

     

     

  • How much does a DUI cost?

    9/6/201110:19:38 PM Link 0 comments | Add comment

    ALR, Criminal Defense Attorney, Criminal Defense Lawyer, Driving Under the Influence, DUI, DUI Costs, Nebraska, Omaha

     

    Most people know that being arrested for Driving Under the Influence can be extremely expensive.  Exactly how expensive depends on many factors such as whether or not you have any prior DUI or other alcohol related covictions, your blood alcohol level, and the other circumstances surrounding your arrest (i.e. did you cause an accident or injure anyone).  If you have recently been arrested for DUI, you should speak with your lawyer about the specific costs that might be applicable to your situation.  However, I have listed below some common expenses associated with a First Offense DUI in Omaha, Nebraska.

     

    Common DUI Expenses

    1)  Bail - The first expense one might incur after an arrest for DUI is their bond.  In Omaha, often times law enforcement will simply issue you a citation and let someone pick you up at the police station; however, other times you will be arrested and booked into the county jail.  If you are booked into jail, you will have to spend $500 or so to bond yourself out.

    2) Lawyer - Most DUI attorneys in Omaha will charge a flat fee for your DUI defense.  That fee is typically between $800 and $1,500 depending on the circumstances.  If you are paying more than $1,500, either you ran over someone, you are having a jury trial or you may want to question your lawyer's billing practices.

    3) Chemical Dependency Evaluation (CDE) - In Douglas County, sometimes you can get by without a CDE on a first offense as long as your blood alcohol level (BAC) is not too high; but more often than not, especially in smaller counties, you will need to obtain a CDE before a judge will sentence you (technically, it's required that you obtain an evaluation prior to sentencing).  A CDE usually runs about $100 - $200.  Most health insurance plans provide some type of coverage for evaluations related to substance abuse.

    4) Fines and Court Costs - Fines for Driving Under the Influence are statutory in Nebraska.  In other words, the exact fine that can/will be given by the judge is written into the law and depends on what offense DUI you are being sentenced on, what your BAC was and whether or not you receive probation.  For a first offense DUI, the fine is $400 if you receive probation and $400 to $500 if you are sentenced to jail.  Court costs in County Court are $49.  In a nutshell, your fine and court costs for a fisrt offense DUI charge will be $449 if you receive probation.

    5) Probation and Drug Testing Fees - If you are placed on probation by the court, you will have to pay a $30 enrollment fee plus a $20 monthly fee, unless the monthly fee is waived.  There is also a $30 drug testing fee.

    6) Work Permit or The Interlock Device - If you want to drive while your license is revoked, you will have to get either a Work Permit or the Interlock.  The Interlock device costs about $175 - $200 for a 60-day period, which is what you need on a first offense driving under the influence.  The work permit itself is less expensive; however, you are required to complete a driving class before getting the work permit, so you end up saving only $50 - $100.  The DMV also charges a fee for the actual permit.  As a side note, one more benefit the Interlock has over the Work Permit is that is keeps six points off of your license with the DMV.

    7) Reinstatement Fee - When you license revocation is over, you must also pay a $125.00 reinstatement fee to the DMV to have your license reinstated.  

     

    All and all, on average, a First Offense DUI will end up costing you about $2,000 to $3,000.  That, of course, is the financial cost associated with the criminal court system.  Other potential ramifications such as jail time, a lost job, increased insurance rates, or worst of all, injuring someone can be much more costly. 

     

     

  • I have been charged with Driving Under the Influence (DUI/DWI). What happens to my license? When will I be able to drive?—A brief review of Work Permits and the Interlock Device in Nebraska.

    12/25/20091:36:17 PM Link 0 comments | Add comment

    ALR, Criminal Defense, Criminal Defense Attorney, Criminal Defense Lawyer, DMV, Driving Under the Influence, DUI

    In a previous post, I discussed what happens when you have been charged with DUI and the general processes one goes through.  One of the previous things discussed was license revocations/suspensions.  Again, if you have been charged with DUI/DWI, the first thing you should do is speak to an attorney.  

    When you are convicted of DUI in Nebraska, either at trial or by pleading guilty, you are dealing with two separate license revocations/suspensions: (1) Administrative License Revocation (ALR) through the Nebraska Department of Motor Vehicles (DMV) and (2) license revocation, suspension or impoundment by the Court.  You are entitled to attorney representation throughout both of these processes.  Often times both license suspensions will run concurrent (at the same time).

    In Nebraska, there are basically two options for driving during your license suspension: (1) a Work Permit and (2) the Interlock Device.  Most lawyers/attorneys prefer their clients opt for the interlock device if they can afford it.  The reasons many attorneys, including myself, prefer the interlock device to the work permit are that the interlock device is much more flexible than the work permit, and the interlock device can keep points off of your drivers’ license.

    The interlock device provides much more flexibility than the work permit.  A work permit only allows a person to drive to and from work.  If a person has more than one place of employment, they must register a work permit with each and every employer.  Also, as mentioned above, the interlock device keeps points off of your drivers’ license.  If a person acquires twelve or more points on their license within any two-year time period, their license will be revoked by the DMV; use of the interlock device can keep these points off of your driving record.

    The work permit does, however, have some advantages to the interlock device for someone who is facing a DUI.  First, a person facing a DUI charge and serving an ALR suspension is eligible to receive a work permit before the person charged with DUI goes in front of a judge.  On a first offense DUI in Nebraska, the person cited can apply for a work permit once they have served the first thirty days of their ALR suspension with the Nebraska DMV, compared to the interlock device which must be ordered by the Court as a term of probation.  Second, a person charged with driving under the influence is only required to maintain SR-22 insurance during the duration of the work permit, whereas someone using the interlock device is required to keep an SR-22 certificate on file for three years.

    The bottom line is there often are available options for driving during portions, if not all, of your license suspension/revocation.  What options are available to you depends on the facts surrounding your situation.  After you have been cited for DUI, speak to an attorney as soon as possible to discuss what is best for you.

  • Nebraska DUI/DWI Overview--I been charged with Driving Under the Influence. What happens now?

    12/8/20099:41:59 PM Link 0 comments | Add comment

    ALR, Criminal Defense, Criminal Defense Attorney, Criminal Defense Lawyer, DMV, Driving Under the Influence, DUI

    When you receive a DUI/DWI in Nebraska you are dealing with two separate processes: (1) the Department of Motor Vehicles (DMV) Administrative Loss Hearing (ALR) and (2) the State of Nebraska criminal justice system.

    First, let’s discuss the process of dealing with the DMV.  Whenever you have been cited for Driving Under the Influence, you face the possibility of the DMV suspending your license.  The time period for suspension depends on whether your license has previously been suspended by the DMV under the ALR process.  DMV license suspensions for first offenses are ninety days.  

    When you have been given a citation or arrested for DUI in Nebraska, you will be given at least three things: (1) copy of your citation or booking sheet from the jail, (2) thirty-day temporary license/notice/sworn report (typically yellow in color) and (3) request for ALR hearing form.  You only have ten days from the alleged date of the offense to request an ALR hearing by sending in the proper form.  If you do not request a hearing within the ten-day time period you waive your right to hearing on the matter, and your license will be automatically suspended for the requisite time period determined by the DMV.   The thirty-day temporary license form serves as your license for the thirty days immediately following your citation.  If you lose your ALR hearing with the DMV, your ninety-day license suspension will begin at the expiration of your thirty-day temporary license; if you win the ALR hearing you may continue to drive unless or until a judge orders your license suspended, revoked or impounded.  ALR hearings are held telephonically and only address the issue of whether probable cause existed that the person cited for DUI was in operation of a motor vehicle while under the influence of alcohol or drugs.

    Second, let’s discuss the criminal justice system.  When you are cited or arrested on charges of Driving Under the Influence, you will also face criminal penalties in state court. The criminal penalties you will face can be broken down into four basic categories: fines and costs; jail time; probation; and license suspension, revocation or impoundment.  What penalties you are facing depends on whether you have had any prior convictions for DUI and what your blood alcohol level was at the time of the offense.

    In Nebraska, the limit for alcohol in your system while operating a motor vehicle is .08.  If your blood alcohol level is .08 or greater, you will likely be cited for Driving Under the Influence; if your blood alcohol level is .15 or greater, you will likely be cited for what is called an aggravated DUI offense.  Aggravated DUI offenses carry greater criminal punishments than non-aggravated offenses.  In Nebraska, the punishment for a first offense DUI non-aggravated is either: (1) probation, $400.00 fine and sixty-day license revocation or impoundment; or (2) seven to sixty days in jail, $400.00 to $500.00 fine and six month license revocation or impoundment.  The punishment for a first offense DUI aggravated is either: (1) probation, two days jail time or 120 hours of community service, $500.00 fine and one-year license revocation or impoundment; or (2) seven to sixty days in jail, $400.00-$500.00 fine and one-year license revocation or impoundment.   Typically, a judge will order that your court-ordered license revocation period run concurrently (at the same time) with your DMV ALR suspension.  This means if you are suspended for ninety days by the DMV and sixty days by the court, your total license suspension/revocation will be ninety days.

    Offenses for Driving Under the Influence are very serious.  The statutes and regulations governing DUI’s are constantly changing.  Nebraska’s current DUI laws were enacted as recently as 2006, and new statutes governing the use of the ignition interlock device went into effect earlier this year.  If you have been charged with Driving Under the Influence make sure to consult with a licensed attorney.

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