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  • 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. 

     

     

  • What Should I Look For in a Criminal Defense Attorney?

    8/1/20118:43:40 PM Link 0 comments | Add comment

    arrest, Criminal Defense Attorney, Criminal Defense Lawyer, criminal law, criminal procedure, DUI

     

    I have been seeing this question a lot lately.  Probably the best answer is choose someone you trust and are comfortable with.  Of course you want to look for a lawyer that has experience and is familiar both with the courthouse and your specific type of case.  But once you narrow the field, the best idea is to meet with prospective attorneys and decide which one you will be most comfortable with.  Beside the outcome, try to think of what will be most important to you during the pendency of your case (i.e. promptly returning phone calls, face-to-face time, demeanor, price, etc.).  Then ask the criminal lawyers you meet with questions based on the criteria you have developed.  Again, the bottom line is that when you are facing prosecution on criminal charges you will be nervous enough as is.  You need to be able to trust your attorney and feel comfortable that he or she is doing their best to represent your interests.

     

     

  • Can I get a DUI if I was not drinking alcohol?

    7/11/20119:05:40 PM Link 0 comments | Add comment

    arrest, Criminal Defense Attorney, Driving Under the Influence, DUI, marijuana

     

    Yes.  As discussed in prior posts, DUI or Driving Under the Influence, consists of operating a motor vehicle while under the influence of alcohol OR drugs.  If your ability to drive has been impaired from drinking alcohol or taking drugs (i.e. marijuana, prescription drugs, cocaine, etc.) then you can be charged with DUI.  With that said, the Datamaster (breath test) typically only tests for alcohol.  It is difficult to determine when most other drugs entered your system.  It is easy to determine whether someone has marijuana in their system; however, it is difficult to determine when the marijuana was ingested.  Therefore, if you are arrested for driving while under the influence of drugs, such as driving under the influence of marijuana, your DUI might be much more difficult for the prosecution to prove up at trial depending on the facts.

     

  • What is Diversion? How do I keep a conviction off of my record?

    7/2/201110:29:35 PM Link 0 comments | Add comment

    arrest, attorney, Criminal Defense, Criminal Defense Attorney, Criminal Defense Lawyer, criminal law, diversion, drug court, felony, misdemeanor

     

    We have already discussed expungements, pardons and set-asides; however, what’s even better is keeping the conviction off your record in the first place.  Aside from not getting arrested or winning at trial, there are generally two ways of keeping a conviction off your record: (1) some type of pretrial diversion program or (2) some type of post-plea diversion program.  In Omaha, NE, the two most popular programs for keeping a conviction off your record are Diversion and Drug Court.

     

    In order to be eligible for Diversion, you must meet certain requirements.  You cannot have a significant prior record and the crime(s) you are alleged to have committed must not involve violence.  You will not be allowed into a diversionary program if you are charged with violent offenses such as robbery, assault or murder; however, if you are charged with less serious offenses such as shoplifting, drug possession or damage to property, you may be a candidate.  Each person in the Diversion program has requirements that are specifically tailored to that person’s circumstances.  Requirements for Diversion can include restitution, community service, finding employment, finishing a degree, anger management, etc.  If you are allowed into the Diversion program, and you complete the terms of your program successfully, the State will dismiss all charges against you.  If you do not complete the terms of your program, or if you get into additional trouble, you will be kicked out of the program and the State will proceed with your prosecution.

     

    The Drug Court program is very similar to Diversion; however Drug Court occurs post-plea and centers on substance abuse.  Post-plea means that you begin the program after you enter a plea of guilty to the crimes you are charged with.  If you complete the program successfully, you are allowed to withdraw your plea of guilty and the State then dismisses the charges against you.  Drug Court generally is more intensive than general Diversion.  Drug Court participants have meetings once a week at the courthouse.  Participants in the program must stay sober and are required to follow-through with their specific treatment program.  For the most part, participants are not kicked out for relapsing; although, there are sanctions for misconduct and serious consequences for lying and/or reoffending.  Because Drug Court is post-plea, the judge can sentence you on your underlying charges at anytime should you not hold up your end of the bargain. 

     

    If you have been charged with a criminal offense in Nebraska, and you do not have a lengthy record and/or your problems revolve around substance abuse, make sure to speak with your criminal defense lawyer about the possibility of a Diversion or Drug Court program. 

     

     

  • 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.

  • Should I Talk to Police?

    11/8/20099:21:34 AM Link 0 comments | Add comment

    Criminal Defense, Criminal Defense Attorney, Interrogation, Police Interview

    NO.  Unless the officer or detective is your next door neighbor and you are discussing plans for a BBQ, you should never ever speak to law enforcement without an attorney present, and you should almost never speak to law enforcement even with an attorney present.  The bottom line is this: "everything you say can, and will, be used against you".  You have everything to lose from speaking to police regarding a crime that has been commited, but almost never anyhting to gain.  I can think of many past clients of mine who hurt themselves by speaking with authorities before retaining a lawyer, however not one comes to mind that benefitted from speaking with police.  Law professor, James Duane from the Regent University School of Law has a great video presentation on why you should never speak to police regarding a criminal matter.  The presentation is appropriately titled "Don't Talk to Police", and provides a relatively in depth lecture on why speaking to police about criminal matters is generally a very bad idea.  I have attached a link to the video below.

     

    "Don't Talk to Police" by Professor James Duane

     

     

  • About Eric Chandler

    10/28/20093:48:50 PM Link 0 comments | Add comment

    Criminal Defense Attorney, Criminal Defense Lawyer, Eric Chandler, Omaha attorney, Omaha lawyer, Personal Injury Attorney, Personal Injury Lawyer

      

    I have had my right knee completely reconstructed, lower back surgery, a broken right arm, broken nose, broken collarbone, and the list goes on.  I worked in the Douglas County Attorney's Office in Omaha, Nebraska as a criminal prosecutor until the fall of 2007.  So for me it was a natural fit after leaving the prosecutor's office to move my practice of law into the two areas I know best and am most interested in, criminal defense and personal injury.

    I was born and raised in Omaha, Nebraska.  I attended the University of Kansas for undergraduate school, and I received my law degree from the University of Nebraska College of Law.  Shortly after graduating from UNL, I moved back to Omaha where I worked as a criminal prosecutor until opening The Law Office of Eric R. Chandler in September of 2007.

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