Saturday, January 31, 2015

Omaha, Douglas County Nebraska Dui Penalties (and Surrounding Nebraska Counties)

TIGHE LAW WEBSITE
David Tighe is a criminal defense lawyer licensed in Nebraska and Iowa.  My practice handles criminal cases (both Felony and Misdemeanors) in Eastern Nebraska (Omaha, Douglas County, Sarpy County, Washington County, Dodge County, Platte County, Saunders County, Lancaster County, Cass County and surrounding areas) and Western Iowa (Pottawattamie County, Mills  County, Monona County, Woodbury County, Harrison County and surrounding areas).
If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney, like David Tighe, to fight for your freedom, help protect your rights and assist in navigating the criminal justice system.
In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information.  That information requires an in-depth consultation, wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.
To schedule your consultaion or disucss the facts and law of your case, feel free to contact me (cell) at 402-981-6327 or via email at Tighe Law - Email
First and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense and strategy for your case.
-TIME IS OF THE ESSENCE-
Now On To Nebraska DUI Laws and Penalties.

What are the Penalties for Dui in the State of Nebraska?

What is the Penalty for Third Offense Non-Aggravated Dui in the State of Nebraska?

Third Offense Dui – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor
Maximum:                             1 year in jail
15 years license revocation
$1,000 fine
Mandatory Minimum:               90 days in jail (Or More-up to the maximum allowed by Law)
15 years license revocation
$1,000 fine
If the Court Grants Probation:       30 days in jail (Or More-up to the maximum allowed by Law).
2 – 15 years license revocation
$1,000 fine
The court may order the person to apply for an ignition interlock after 45 days.

What is the Penalty for Third Offense Aggravated Dui in the State of Nebraska?

Third Offense Dui – Aggravated Dui (Defendant’s Bac was above 0.15) – § 28-105 & 60-6,197 (6)
Third Offense Aggravated Dui in Nebraska is a Class IIIA Felony
Maximum:                 5 years in jail
15 years license revocation
$10,000 fine
Mandatory Minimum:          180 days in jail (Or More-up to the maximum allowed by Law).
15 years license revocation
If The Court Grants Probation:      60 days in jail (Or More-up to the maximum allowed by Law).
5 – 15 years license revocation
$1,000 fine
The court may order the person to apply for an ignition interlock after
45 days.

Be Aware:
The Court does not have to offer any Defendant Probation.  If your case carries a potential jail sentence, you CAN be sentenced to Jail.
Keep in mind that the Court can always sentence a Defendant to the maximum sentence allowed by law.
Keep in mind that the Court Does Not have to allow someone to perform community service in lieu of Jail.
Therefore, if you are charged with a crime, you should immediately contact an experienced Criminal Defense Attorney to discuss your case and to develop a customized Defensive Strategy for your particular facts.
The purpose of this blog is purely for informational purposes only and should not be construed as legal advice and does not create an “Attorney-Client Relationship” as everyone’s legal situation is different and is dependent on the isolated facts of their particular situation.
I will post additional information regarding Nebraska crimes (both misdemeanor and felony), laws, procedures and their respective penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

If you or a loved one have been charged with a crime in Nebraska or Iowa – time is critical. Each case is unique, and it is important to protect your rightsDavid Tighe is an experienced Criminal Defense Attorney that is able to answer your questions, and determine the best course of action.
Remember an Arrest or Citation is Not a Conviction
YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.
Defend Your Rights
Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or visit my website at:
I also have an additional Blog at:
Twitter: @DavidTighelaw

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