Getting a drunk driving charge can be a scary time for anyone, especially if you aren’t sure whether you need a misdemeanor DUI lawyer or a felony DUI lawyer. Any level of DUI can result in severe implications for the rest of your life, especially if you drive for a living. It isn’t worth it to try to work with the legal system or simply take what you have coming to you: you need a good DUI lawyer on your side.
If you have been charged with a DUI, even if it is “only” a misdemeanor DUI, you need to contact a lawyer as soon as possible. Stockmann Law has the team in place to help you and defend you in court. We have over 20 years of experience and have helped people with every level of DUI charge get through the legal process and get their lives back.
Give us a call today at (402) 341-2020, and we can talk about your case and where you can go from here. The sooner we start working, the better - in some cases, we may even be able to have your charges reduced or keep you from going to court.
Is A DUI A Crime In The State Of Nebraska?
Even if you didn’t get in an accident and no one was hurt because of your drunk driving, it is still a crime. The extent of the charges will depend on your background, your blood-alcohol level at the time of the traffic stop, your history with DUIs, and a few other factors, including your license status and driving history.
No matter what level your DUI charge is, you need to find a lawyer to look at your case. There are many mistakes made by police during traffic stops and breathalyzer testing. You deserve to give yourself the best chance to prove yourself in court and explain why you didn’t commit a crime. Contact Stockmann Law today to start an investigation into the circumstances surrounding your misdemeanor DUI charge in Nebraska.
Is Drunk Driving A Misdemeanor In NE?
While every state has different charges for drunk driving, in Nebraska even a first offense is a misdemeanor charge. However, not all drunk driving is considered a misdemeanor and some DUI charges will be felonies.
First, second, and third DUIs all have different qualifications for whether they are misdemeanor DUIs or felony DUIs, but all fourth, fifth, and subsequent offenses are considered felonies and not misdemeanors.
Is a First DUI A Misdemeanor In NE?
A first DUI with a blood alcohol content (BAC) of over .08% but under .15% will be misdemeanors in Nebraska. A first dui is classified as a “Class W” misdemeanor and can result in up to a six-month license revocation and a $500 fine.
If you blew over a .15% on your first DUI, you still have a misdemeanor charge, but the repercussions are greater. It is still classified as a “Class W” misdemeanor, but you face up to a year of license suspension, a $500 fine, and two days in jail or 120 hours of community service.
Is A Second DUI A Misdemeanor In NE?
A second DUI with a BAC of over .08%, but under .15% is not considered a felony in the state of Nebraska. It counts as another “Class W” misdemeanor on your record, and can result in an 18-months license suspension, a $500 fine, and 10 days of jail time or 240 hours of community service.
A second DUI with a BAC of .15% or over is not considered a felony in Nebraska, but it is considered a “Class I” misdemeanor, which is a step above a “Class W.” This charge will result in up to 15-years of license revocation, a $1,000 fine, and up to 30 days in jail with no option of community service.
Is A Third DUI A Misdemeanor In NE?
If you face a third DUI charge, where you blew a BAC level of over .08% but under .15%, it is still considered a “Class W” misdemeanor DUI. The repercussions at this level include up to 15 years of license suspension, a $1,000 fine, and up to 60 days of jail time with no option of community service.
A third DUI with a BAC of over .15% is considered a “Class IIIA” felony, a more serious charge. It results in up to 15-years of license suspension, a $1,000 fine, and up to 60 days in jail with no option of community service.
Is A DUI A Gross Misdemeanor In Nebraska?
A gross misdemeanor is classified as any crime that has a punishment of over in jail or a $3,000 fine in most states. Nebraska doesn’t classify their misdemeanors in this way and instead uses a Class Schedule to identify the type of misdemeanor something is. Most misdemeanors DUs fall into these classes:
- Class W: Driving under the influence (first, second or third offense) is a Class W misdemeanor.
- Class I: A second offense of a misdemeanor DUI where you blew over .15% at your traffic stop.
- Class IIIA: A third offense of a misdemeanor DUI where you blew over .15% at your traffic stop.
Can A Nebraska Felony DUI Be Reduced To A Misdemeanor?
Yes, in some cases it is possible for a felony DUI to be reduced to a misdemeanor or completely dropped. As mentioned above, police officers continually make mistakes during traffic stops that result in bad BAC readings, breathalyzer tests, field sobriety tests, and even traffic stops.
At Stockmann Law, we will look into everything surrounding your arrest and help you fight these charges so that you can move on with your life. Even losing your license for a few weeks can deeply impact your ability to make a living, so you can’t risk it. Reach out to our team today to get started.
Felony vs Misdemeanor DUI: What’s The Difference?
Most DUI arrests end up being misdemeanors because the repercussions are so great that people don’t make the same mistake too many times, but some people do. Cases that involve multiple infractions or serious injuries and death can bring felony charges. As a felony and misdemeanor DUI lawyer in Omaha, NE, Stockmann Law has experience crafting expert defenses for both situations, including those that may go either way.
In general, the first two times someone gets charged with a DUI will be a felony, but the third time and any subsequent DUIs can result in felony charges. It depends a few different factors, including:
- How many times you have been caught drunk driving
- What your blood-alcohol-content (BAC) was at the time of arrest
- The other circumstances surrounding your arrests
- The length of time between your DUIs
In general, misdemeanor charges result in weeks to months in jail, fines up to $1,000, and license suspension. Felony charges are far more serious and can result in years or decades of jail time, steep fines, and even total license revocation.
Many people have seen their lives ruined by a simple misdemeanor DUI, however, and you still need to take this charge seriously. It isn’t worth it to risk everything from your employment and your ability to drive to child custody.
Need a Misdemeanor DUI Lawyer In Omaha, NE? Give Us A Call!
Even a misdemeanor DUI charge can throw off your life and your plans. The DUI lawyers at Stockmann Law have represented many people facing DUI charges throughout Omaha and the surrounding areas, including La Vista, Bellevue, Papillion, Fremont, Lincoln, Columbus, Beatrice, South Sioux City, and Norfolk.
We know how to help you understand what charges you are facing, and can help you understand whether your drunk driving charge is a simple misdemeanor, a gross misdemeanor, or a felony charge. Our team will scour over all the details of your case to help you find a resolution, including looking into the blood tests, breath tests, field sobriety testing, calibration, DUI checkpoints, and other issues surrounding your traffic stop.
Regardless of whether you think Stockmann Law is the best misdemeanor DUI lawyer in Omaha, NE or you go with another law firm, you need to get representation that will help you. The consequences of a DUI are extreme and are perhaps even greater today than they were in the past. If you have a lawyer that doesn’t know how to help you, you may lose your job, home, ability to drive, and even your freedom.
If you or a loved one has been charged with a DUI in Omaha, NE or any of the surrounding areas, be sure to contact our team for a complimentary case evaluation. You can reach us at (402) 341-2020.