DUI Defense Lawyer in Omaha

Arrested For A DUI In Omaha? Learn How Our DUI Attorneys Can Help You

For over 30 years, Omaha DUI lawyer Thomas M. Petersen of Petersen Criminal Defense Law has been defending individuals who receive DUI charges in Omaha and throughout Nebraska.

Attorney Thomas M. Petersen has been defending Nebraskans against DUI charges since 1995. He’s handled hundreds of DUI cases across Omaha and the surrounding counties and was named one of the Top 50 DUI Defense Attorneys in Nebraska out of more than 5,000 attorneys — selected by the National Advocacy for DUI Defense (NAFDD), which vets attorneys based on real case results.

If you have been charged with an Omaha, Cass County, or Sarpy County drunk driving offense, contact our Nebraska DUI defense team today.

Call 402-235-4283 or by fill out our online contact form for a free evaluation of your case.

The Nebraska 10-Day ALR License Rule 

If you were arrested for a DUI in Nebraska, you only have 10 days from the date of arrest to protect your driving privileges.

• Option A: File a petition to contest your license revocation at an Administrative License Revocation (ALR) hearing.
• Option B: Waive your right to a hearing and apply for an Ignition Interlock Permit (IIP) to keep driving. If you do nothing within these 10 days, your license will be automatically suspended on the 16th day.

What Happens After a DUI Arrest in Douglas or Sarpy County?

A DUI arrest in the Omaha metro area immediately triggers two completely separate cases: the Administrative License Revocation (ALR) process with the Nebraska DMV, and the criminal charges in county court.

• The DMV Administrative Case (Driving Privileges): This case is handled by the Nebraska Department of Motor Vehicles (DMV).
  
  When arrested, the officer likely confiscated your physical driver’s license and gave you a temporary 15-day paper permit.
  
  To prevent an automatic revocation, you must file a petition for an ALR hearing or apply for an interlock permit within 10 days of your arrest.
  
  Contesting the revocation is often crucial if there are grounds to show the officer lacked probable cause for the stop or failed to follow proper chemical testing procedures.
  
• The Criminal Case (Douglas, Sarpy, or Cass County Court): The criminal case determines whether you face jail time, fines, or a permanent criminal record. In Omaha, these cases are prosecuted in the county court of the county where the arrest took place (such as the Douglas County Courthouse in downtown Omaha or the Sarpy County Courthouse in Papillion).
  
  The prosecution must prove beyond a reasonable doubt that you were operating a vehicle under the influence of alcohol or drugs.

Nebraska DUI Offenses

We offer free consultations for people charged with drunk driving.

Not everyone needs an attorney, and we will tell you at the end of our first consultation what benefits you can expect by hiring one.

Sometimes there are limited benefits, and we will not take your case in those circumstances.

As you read through our site, we hope you get a sense of how your case will be handled, why we practice DUI defense, and that you notice a friendly approach sometimes missing in many law practices today.

You owe it to yourself and your future to take advantage of our free, no-obligation consultation to find out if a lawyer can help.

If you have a DUI charge in Nebraska, there may be more at stake than you realize.

A DUI conviction can negatively impact your life for years to come by raising insurance rates, disqualifying you for job offers, or even impacting visitation with minor children.

Whether it’s your first, second, third, or fourth DUI we can help. Different DUI penalties come with different consequences. We can help you navigate these.

You need an attorney who understands what is at stake and who will fight for you.

Attorney Thomas M. Petersen is that attorney. As a defendant in a criminal proceeding, you have a number of rights.

Chief among those rights is the right to counsel.

By exercising your right to counsel and retaining the services of attorney Thomas M. Petersen you can rest easier knowing that all of your other rights will be protected throughout your case.

Why Choose The Omaha DUI Attorneys At Petersen Criminal Defense Law?

Many attorneys advertise that they handle DUI cases.

But not all attorneys focus their practice on defending individuals accused of driving under the influence offenses.

When your future is on the line, you require someone by your side who knows the system, understands the law, and is dedicated themselves to defending you. Thomas M. Petersen is that attorney.

At Petersen Criminal Defense Law we go the extra mile for our clients.

• We answer our telephones 24 hours a day, seven days a week.
• We will meet with you in the evening or on the weekend when necessary.
• Additionally, we promise to listen to your concerns, keep you informed, protect your rights, and aggressively defend you and your rights.

At Petersen Criminal Defense Law, we commit to defending our clients throughout the prosecution of their case and beyond.

Our competent and compassionate team will zealously represent you to ensure that your rights get protection and that your case reaches a fair and just resolution.

For a free initial consultation for your Omaha or Sarpy County, Nebraska DUI case, contact the team today by calling (402) 509-807 or fill out our online contact form.

Because we understand that a DUI arrest doesn’t always happen during normal business hours, you can reach us day or night, seven days a week for immediate assistance if a loved one has been arrested and is being held in custody.

Be sure to indicate that you need the 24-hour Jail Release Assistance service.

Frequently Asked Questions: Omaha DUI Defense

Can I get my DUI charges dismissed in Nebraska?

While complete dismissal is never guaranteed, DUI charges can be successfully fought and reduced. Common defense strategies focus on checking if the police officer had a legal reason to pull you over, whether field sobriety tests were administered correctly under NHTSA guidelines, and verifying the calibration and administration logs of the breathalyzer or blood testing equipment.

What is the difference between a standard and an aggravated DUI? 

In Nebraska, an “aggravated” DUI refers to a charge where your Blood Alcohol Concentration (BAC) was measured at 0.15% or higher—nearly double the legal limit of 0.08%. An aggravated DUI carries double the mandatory minimum jail times, higher fines, and longer driver’s license revocation periods.

Can I drive to work while my license is revoked? 

If you qualify and apply for an Ignition Interlock Permit (IIP) and have the interlock device installed in your vehicle, you can legally drive to work, school, and other essential locations during the revocation period. It is vital to consult an attorney within the 10-day arrest window to coordinate this with the DMV.

Do I really need a lawyer for a first-offense DUI in Omaha? 

Even a first DUI conviction in Nebraska carries mandatory jail time and a permanent criminal record that cannot be expunged. A defense attorney protects your rights, handles the DMV administrative process, and fights to keep you out of jail or seek probation options.

NEBRASKA DUI TOPICS COVERED HERE

• How Much Does a DUI Cost?
• What Happens When You Get a DUI Under 21?
• 5 Reasons You Should Fight a DUI Conviction
• Should I Get a Lawyer for My First DUI Offense?
• Are DUI Checkpoints Legal in Nebraska?
• What to Do When You Get a DUI in Nebraska