Drunk driving laws in Omaha, Nebraska have been getting tougher. Today, you could be charged with simple driving under the influence (DUI) or with aggravated DUI. The penalties for an aggravated DUI conviction are harsher than the penalties for a simple DUI conviction. Understanding what elevates a simple DUI to an aggravated DUI is essential if you wish to avoid being charged with an aggravated DUI in Omaha.
In Omaha, it is illegal to operate a motor vehicle with a blood alcohol concentration, or BAC, of over 0.08 percent. If, however, your BAC was 0.15 percent or more at the time you were operating a motor vehicle, you will likely be charged with an aggravated DUI. For a simple, first-offense DUI in Omaha, you face 7 to 60 days in jail, a license suspension of six months, and associated fines and costs. Alternatively, you could be given a probation sentence that would include zero days in jail, a 60-day license revocation, associated fines and costs, and a requirement that you apply for an ignition interlock permit, or IIP. If you are convicted of the more serious aggravated DUI as a first offense, you face a one-year license revocation or a probation sentence that includes a one-year license revocation plus two days in jail or a minimum of 120 hours of community service.
The penalties are also tougher for a second DUI conviction if you are convicted of an aggravated DUI. Instead of 30 days to six months in jail, you face 90 days to one year. Both the period of license revocation and the court costs and fines also go up for a second-offense aggravated DUI. If you are given a probation sentence, you still face a longer potential license revocation and higher costs. In addition, your period of incarceration increases from 10 days to 30 days.
As you can see, the amount of alcohol you ingest, or more specifically, the amount of alcohol in your blood at the time of your arrest, does matter. If your breath test results were at, or close to, 0.15 percent, an experienced Nebraska DUI attorney may be able to employ one of several defense strategies that will convince the prosecutor or jury that you were not guilty of the more serious aggravated DUI, avoiding the harsher penalties.
If you have been charged with an aggravated DUI in Omaha, consult with an experienced Omaha DUI attorney as soon as possible. For a free case evaluation, contact Petersen Law Office 24 hours a day at 402-513-2180.