TIGHE LAW WEBSITE
I am 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.
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.
There are two components of a typical Nebraska Dui.
1. Administrative License Revocation (ALR- Through Nebraska DMV)
2. Criminal Component (Court)
Today’s blog will briefly discuss the Administrative License Revocation (ALR- Through Nebraska DMV) component of a typical Nebraska Dui (With a brief re-cap of potential penalties for:
1. First Offense Dui;
2. First Offense Aggravated Dui;
3. Second Offense Dui; and
4. Second Offense Aggravated Dui.
When pulled over and cited for a Dui, in the State of Nebraska, typically the officer will immediately confiscate the Defendant’s driver’s license and the officer will give the Defendant a sheet of paper which will serve as the Defendant’s Temporary Driver’s License and will provide basic and general information regarding Nebraska’s Administrative License Revocation (ALR).
This temporary driver’s license (if you are eligible) is only valid for fifteen (15) days- which is why time is critical in every criminal case. It is vital that the defendant contact an experienced criminal defense lawyer, like David Tighe, to immediately prepare a comprehensive legal strategy to attack the charges.
In general, for a first offense Dui in Nebraska, the revocation ordered by the DMV will be for 180 days. If the Defendant refuses to take the breathalizer test, the DMV will revoke the Defendant’s driver’s license for a one (1) year period of time.
In certain situations the Defendant MAY want to contest the DMV revocation. This decision should be carefully considered due to the potential legal ramifications. For example “If you file a petition for the Administrative Hearing, you will not be eligible for the Ignition Interlock Permit, unless ordered by the court for the Driving Under the Influence related offense.” Additionally, if you choose to contest the Administrative License Revocation (ALR), the petition MUST be mailed within 10 days of “Notice being served to the driver.”
These deadlines are set in stone (if you miss a deadline-This COULD affect your privileges and rights) -which is why time is critical in every criminal case. It is vital that the defendant contact an experienced criminal defense lawyer, like David Tighe, to immediately prepare a comprehensive legal strategy to attack the charges.
*Some of this above listed information MIGHT be able to be found at http://www.dmv.nebraska.gov/
What are the Penalties for Dui in the State of Nebraska?
Will I go to jail for a first offense Dui in the State of Nebraska?
The Short answer is it depends on your situation and the Facts of your case. Going to Jail for a DUI in Omaha, Douglas County or Sarpy County or Washington County Nebraska or any other County in the State of Nebraska is always a possibility, no matter if it is a first offense or not. That is why it is extremely important to immediately discuss your case with an experienced Criminal Defense Lawyer, like David Tighe.
What is the Penalty for first offense non-aggravated Dui in the State of Nebraska?
First Offense DUI – Non-Aggravated Dui – Penalty (Defendant’s Bac was under 0.15) – First Offense Non Aggravated Dui is a Misdemeanor in the State of Nebraska.
Maximum Penalty: 60 days in jail. The Court will order that your drivers license is revoked for 6 months license (The DMV will revoke your license also, however I will address the DMV portion of a typical DUI in a future blog). The Court will order a $500 fine (not including additional court costs and fees)
Mandatory Minimum: 7 days in jail (Or More-up to the maximum allowed by Law). The Court will order a 6 months license revocation and a $500 fine
The court requires the person to apply for an ignition interlock. Ignition interlock and its applicable law will be addressed in a future blog.
If The Court Grants Probation: There will be no “up-front” Jail sentence, however you will be ordered to a term of probation and the Court will revoke your driver’s license for 60 days and order a $500 fine (not including court costs and fees and probation fees).
The court requires the person to apply for an ignition interlock.
What is the Penalty for Second Offense Non-Aggravated Dui in the State of Nebraska?
Second Offense DUI – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor
Maximum: 90 days in jail
1 year license revocation
$500 fine (Not including Court Costs, fees etc, etc).
Mandatory Minimum: 30 days in jail (Or More-up to the maximum allowed by Law)
1 year license revocation
$500 fine
The court requires the person to apply for an ignition interlock after
45 days.
If The Court Grants Probation: 10 days in jail (Or More-up to the maximum allowed by Law) or not less than 240 hours of community service (The Court does NOT have to Allow Community Service).
1 year license revocation
$500 fine
The court requires the person to apply for an ignition interlock after
45 days.
(Again, every case is different due to facts and circumstances. Therefore, to fully know and understand the full range of penalties – both criminal and civil penalties and liabilities- you are facing, you need to discuss your case in DETAIL with an experienced criminal defense lawyer like David Tighe.
Remember that 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 strategy for your case.
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, laws and procedures and 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 rights. David Tighe is an experienced Criminal Defense Attorney that is able to answer your questions, and determine the best course of action.
Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com
or visit my website at
Dui lawyer Nebraska David Tighe
Twitter: @DavidTighelaw
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.
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