Calling a felony DUI lawyer in Omaha, NE means one thing: you are in trouble and you know it. An aggravated DUI or driving under the influence is one of the most common criminal charges across the country and in Nebraska. Most people don’t realize just how severe the implications of a felony DUI can be.
If you have been charged with a felony DUI, you need to contact a lawyer as soon as possible. At Stockmann Law, we have over 20 years of experience in helping people get their lives back on track and recovering from a DUI charge. Give us a call today at (402) 884-1031, and we can talk about your case. The sooner we start working, the better.
What Is A Felony DUI?
A felony DUI is the result of multiple DUIs within a certain amount of time. This number differs by state and in Nebraska, the 4th and subsequent offenses within 12 years are IV felonies. The blood-alcohol-content (BAC) is higher than .15, the charges will be more severe.
In the United States, a felony is the most serious type of crime. The federal government defines any crime with a punishment of more than one year a felony, though most states are a little more lenient on the definition. Some states don’t even classify their offenses, but Nebraska does.
With any felony charge, there is a specific criminal procedure that needs to take place so that the defendant’s rights always stay protected. Usually, it is the criminal defense lawyer that works to ensure that the rights of the citizen are protected.
It is also important to know what a DUI is within Nebraska, as these numbers are a bit different from other states. In Nebraska, it is illegal for a person to operate or be in physical control of a motorized vehicle (a car, motorcycle, truck, etc) while they are under the influence of alcohol or drugs. In order to get a DUI charge, a person needs to have a blood alcohol content of .08% or more.
According to the law, a person is considered to be under the influence if their ability to drive said vehicle in a "prudent and cautious manner" is impaired by any amount.
Generally, when someone is arrested for a DUI, there are penalties imposed. If they get charged with a second, third, fourth, or more DUIs, then the charges will increase from there.
Is A First DUI A Felony In NE?
In almost all cases, a first DUI with a BAC of over .08%, but under .15%, is not considered a felony in Nebraska. It is considered a Class W misdemeanor that results in up to 6 months license revocation and a $500 fine.
A first DUI with a BAC of over .15%, is not considered a felony in Nebraska. It is considered a Class W misdemeanor that results in up to 1 year license revocation, a $500 fine, and 2 days in jail or 120 hours of community service.
Is A Second DUI A Felony In Omaha, NE?
In almost all cases, a second DUI with a BAC of over .08%, but under .15%, is not considered a felony in Nebraska. It is considered a Class W misdemeanor that results in up to 18 months license revocation, a $500 fine, and 10 days in jail or 240 hours of community service.
A second DUI with a BAC of over .15%, is not considered a felony in Nebraska. It is considered a Class I misdemeanor that results in up to 15 years of license revocation, a $1,000 fine, and 30 days in jail with no option of community service.
Is A Third DUI A Felony In Nebraska?
A third DUI with a BAC of over .08%, but under .15%, is not considered a felony in Nebraska. It is considered a Class W misdemeanor that results in up to 15 years license revocation, a $1,000 fine, and 60 days in jail with no option of community service.
A third DUI with a BAC of over .15%, is considered a felony in Nebraska. It is considered a Class IIIA felony that results in up to 15 years of license revocation, a $1,000 fine, and 60 days in jail with no option of community service.
Is A Fourth DUI A Felony In Omaha, NE?
A fourth DUI with a BAC of over .08%, but under .15%, is considered a felony in Nebraska. It is considered a Class IIIA felony that results in up to 15 years of license revocation, a $2,000 fine, and 90 days in jail with no option of community service.
A fourth DUI with a BAC of over .15%, is considered a felony in Nebraska. It is considered a Class IIA
felony that results in up to 15 years of license revocation, a $2,000 fine, and 120 days in jail with no option of community service.
Is A Fifth DUI A Felony In Omaha, NE?
A fifth DUI with a BAC of over .08%, but under .15%, is considered a felony in Nebraska. It is considered a Class IIA felony that results in up to 15 years of license revocation, a $2,000 fine, and 180 days in jail with no option of community service.
A fifth DUI with a BAC of over .15%, is considered a felony in Nebraska. It is considered a Class II
felony that results in up to 15 years of license revocation, a $2,000 fine, and 180 days in jail with no option of community service.
What Are The Consequences Of A Felony DUI?
A DUI charge has some of the most significant consequences of any charge in the Nebraska legal system. The potential consequences have increased in recent years, particularly for those who are multiple offenders. DUI convictions are serious and you need to think about all of the areas of your life that may be impacted by even a first-time DUI charge.
The consequences of a felony DUI include:
- Mandatory jail time (up to three years)
- Loss of driver’s license
- Loss of income
- Felony Record
- Child custody implications
- Loss of reputation
It is possible that you will face all of these consequences and more when you are charged with a felony DUI, so be sure to retain the best felony DUI lawyer in Omaha, NE that you can. Don’t put your freedom and livelihood at risk.
Felony vs Misdemeanor DUI
Most Nebraska DUI arrests will end up being misdemeanor charges, especially for a first offense. However, cases that involve serious injuries, deaths, or are multiple offenses, can bring felony charges. A felony DUI lawyer in Omaha, NE from Stockmann Law can help to review your felony DUI charge and develop a strong defense to help you.
Primarily, the third time you are arrested and charged with a DUI will result in a felony, depending on the BAC that you blew at the time of your arrest. If you test over a .15 percent to be charged with a Class IIIA felony. A third DUI doesn’t automatically make it a felony DUI, but it is more likely to be that serious, and could result in a max prison sentence of 20 years.
If you have been charged for a fifth time with a DUI, regardless of what you blow, it is considered a Class IIA felony. If your BAC is over .15 at the time of your arrest, you could face us to 50 years in prison.
Many people have seen their lives ruined by a misdemeanor DUI, and felony DUI charges are even more serious. Don’t take the risk and contact one of our lawyers as soon as possible.
Need a Felony DUI Lawyer In Omaha, Ne? Contact Us Today.
The Omaha felony DUI lawyers at Stockmann Law have represented a large number of clients facing DUI charges throughout Omaha and the surrounding areas of La Vista, Bellevue, Papillion, Fremont, Lincoln, Columbus, Beatrice, South Sioux City, and Norfolk.
We know the way to take your case to court, whether you have a simple felony DUI or it was a felony DUI resulting in death. Our DUI attorneys will help you to take on all aspects of the case, including looking into blood tests, breath tests, field sobriety testing, calibration, DUI checkpoints, and other issues surrounding your traffic stop.
The consequences of getting a felony DUI are even greater today than they were in the past. If you have a lawyer that does not know how to handle your case, you could lose your ability to get to work, see your kids, or even live as a free citizen. If you or a loved one has been charged with a felony 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) 884-1031.
