A conviction for driving under the influence, or DUI, can forever change your life. Along with potential jail time and fines you may also see increased insurance rates, loss of employment, or even a restriction on parenting time with a minor child. All of these negative consequences could be more severe if you are convicted of an aggravated DUI in Omaha.
We understand that being charged with a DUI can be a terrifying experience which is why the team at Petersen Law Office is committed to aggressively protecting and defending you throughout the prosecution of your case. For a free initial consultation for your Omaha or Sarpy County, Nebraska DUI case contact the aggravated DUI attorneyat Petersen Law Office today by calling 402-393-8080 or by filling out our online contact form.
What Makes a DUI an Aggravated DUI?
Back in 2007 all states across the United States dropped the blood alcohol content, or BAC limit, for purposes of their DUI statutes to 0.08. What that means is that if you are operating a motor vehicle with a BAC level at, or above, 0.08 you could be convicted of DUI. Since 2007, many states have also added an “aggravated” DUI law that applies to operators whose BAC is considerably higher than 0.08. Nebraska is one of those states. In Nebraska, if your BAC level is 0.15 or higher you can be charged with aggravated DUI.
Penalties for an Aggravated DUI in Omaha
If you are convicted of the more serious aggravated DUI charge you face harsher penalties. The potential penalties are as follows:
1st Offense Aggravated DUI
- Charged as a class W misdemeanor
- Minimum jail time of 7 days
- Maximum jail time 60 days
- Fine of $500
- License suspension of one year
- Alcohol assessment and treatment if deemed necessary
- Shall apply for an ignition interlock device
- If you are given probation you must pay a $500 fine, lose your license for a year and either do two days in jail or perform 120 hours of community service work
2nd Offense Aggravated DUI
- Charged as a Class I misdemeanor
- Minimum jail time 90 days
- Maximum jail time one year
- Fine of $1,000
- 1-15 year license revocation
- If you are given probation you will lose your license for 1-15 years; however, you may apply for an ignition interlock device after 45 days. You will also have to pay a $1,000 fine and do 30 days in jail.
3rd– 5thOffense Aggravated DUI
- Charged as a Class IIIA – Class II felony
- Minimum jail time 180 days
- Maximum jail time 50 years
- 15 year license revocation
- If probation is given, must do 60-180 days in jail depending on level of offense with 60-180 days of CAM after release, license revocation of 5-15 years with application for interlock device after 45 days and payment of $1,000 fine.
At Petersen Law Office we aggressively advocate for our clients throughout the prosecution of their case. We will protect your rights and work tirelessly to reach a fair and just resolution of your case. If you have been charged with an aggravated DUI in Omahaor Sarpy County, Nebraska contact the Omaha aggravated DUI attorney today for your free initial evaluation by calling 402-393-8080 or filling out our online contact form. We are available when you need us – day or night seven days a week.