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.