If you have recently been arrested for driving under the influence, or DUI, in 
Omaha it is imperative that you understand your charges and the possible judicial and non-judicial consequences should you be convicted of DUI. Omaha divides DUIs into aggravated and non-aggravated offenses, with a non-aggravated DUI being the lessor of the two possible charges.
In Omaha, operating a motor vehicle with a blood alcohol concentration, or BAC, over 0.08 is a criminal offense. If, however, you are caught operating a motor vehicle with a BAC of over 0.15, almost twice the legal limit, Omaha law provides for even tougher penalties and terms the offense an “aggravated DUI”. Therefore, a non-aggravated DUI is a DUI where your BAC was over 0.08 but under 0.15. You can be charged as a first-time, second-time, or subsequent non-aggravated DUI with the penalties depending on whether or not you have previously been convicted of a DUI or not.
For a first-time non-aggravated DUI you will be charged with a class W misdemeanor and you face a minimum of seven days and a maximum of 60 days in jail if convicted along with a $500 fine and a license suspension of six months. Alternatively, you could receive a probation sentence which will avoid jail time but will require you to install an ignition interlock device, pay a $400 fine and you will lose your license for 60 days. An ignition interlock device, or IID, is a device that essentially acts as a mini-Breathalyzer. Before you are able to start your vehicle you will have to blow into the device. If any alcohol is detected your vehicle will not start.
For each subsequent non-aggravated DUI of which you are convicted the potential judicial penalties increase. You could eventually be charged with a class III felony, imprisoned for up to 20 years, and lose your license for up to 15 years.
The non-judicial consequences of a non-aggravated DUI in Omaha should also not be overlooked. A DUI conviction can cause you to lose a current job, prevent you from qualifying for future employment, increase your insurance rates, and even have a negative impact on a professional license or visitation with minor children. If you have been charged with a non-aggravated DUI in Omaha, consult with an experienced Omaha DUI attorney as soon as possible. For a free case evaluation, contact Peterson Law Office 24 hours a day at 402-513-2180.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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