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 Received a DUI. How Will My Insurance Rates be Affected?

7/26/201110:31:49 PM Link 0 comments | Add comment

attorney, Criminal Defense Lawyer, DMV, Driving Under the Influence, DUI, insurance

The short answer is your rates will go up.  When your insurance rates go up depends on when the insurance company finds out that you were arrested for Driving Under the Influence.  Most insurance companies run checks every so often, but even without the insurance company running a check on your driving record, they will often find out because you will be forced to tell them.  In Nebraska, once your license is revoked by the Court for a DUI conviction, you are required to obtain SR-22 insurance before you are eligible for reinstatement.  SR-22 insurance is actually not insurance, but rather a filing whereby your auto insurance carrier supplies the state with proof that you have insurance on your vehicle.  Following your DUI license revocation in Nebraska, you will typically be required to carry SR-22 insurance for three years following your license revocation.  If you have any questions about license revocations and SR-22 requirements ask your lawyer or contact the Department of Motor Vehicles.

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.