Plattsmouth DUI Defense Attorneys

Lawyers Defending Against Drunk Driving or Drugged Driving Charges in Plattsmouth, NE

When a person is arrested for driving under the influence (DUI), this can set off a chain of consequences that may reach into nearly every part of their life. They may face the loss of their driving privileges, high fines, and other penalties, and some of these issues may begin to affect them immediately after an arrest. It is important to secure legal representation as quickly as possible in these situations to help ensure that a person will be able to defend against DUI charges.

The attorneys at Olsen Law Offices, P.C., L.L.O. work with people in Plattsmouth to address criminal charges and administrative penalties related to DUI. We work closely with clients to review the facts of their cases, identify potential defenses, and take steps to protect their rights. Our goal is to minimize the consequences our clients may face and make sure they will be able to prevent ongoing issues that may affect their lives and careers.

How Nebraska Defines DUI

It is illegal for a person to drive a motor vehicle while they are under the influence of any intoxicating substances. Many DUI charges are based on the use of alcohol, but drugs or other substances could also lead to arrests and charges of intoxicated driving. While the legal limit for blood alcohol concentration (BAC) is .08 percent for most adult drivers, a person could potentially be charged with DUI even if their BAC is below this limit if a police officer believes that their ability to drive safely is impaired because of the use of alcohol, drugs, or a combination of different substances.

Factors That May Affect a DUI Case

There are a number of issues that may affect how DUI charges are filed, what penalties may apply, and what defenses may be available.

Prior DUI Convictions

In Nebraska, a 15-year "lookback" period will be reviewed when determining whether a DUI charge is a person's first DUI or a second, third, or subsequent DUI offense. Any DUI convictions that took place during the lookback period will be considered when determining the charges a person may face after being arrested for DUI.

Blood Alcohol Concentration

Measurements of a person's BAC will play a significant role in a DUI case. Enhanced penalties may apply if a driver had a BAC of 0.15% or higher. For a first or second DUI, a high BAC can result in more serious misdemeanor charges, and for a third DUI, a high BAC can lead to felony DUI charges.

A Minor in the Vehicle

When a person is arrested for DUI, and they had a passenger under the age of 16 in the vehicle at the time of the alleged offense, they will face harsher penalties. In these cases, a person could be charged with a Class I misdemeanor and sentenced to up to one year in jail, even for a first or second DUI offense.

Accident or Injury

When a person is arrested for DUI after a car accident or any other situation where someone was injured, they may face felony charges. DUI resulting in a serious injury is a Class IIIA felony, which carries a potential sentence of three years in prison. If a fatality allegedly occurred because of DUI, a person may be charged with a Class IIA felony, and the maximum sentence will increase to 20 years.

License Revocation After a DUI Arrest

Both a criminal case involving DUI charges and the administrative proceeding that takes place after a DUI arrest can result in the loss of a person's driver's license. An administrative revocation will take place if a chemical test that was performed after an arrest found that they were over the legal limit. In general, a license revocation will last for 180 days after the first time a person fails a chemical test, and a second failed test within 15 years will result in a one-year revocation. A one-year revocation will also apply if a person refuses to take a chemical test.

An administrative revocation will usually go into effect immediately, and a police officer may confiscate a person's driver's license after a DUI arrest. A person may receive a temporary driver's license that will allow them to continue driving for 15 days. If they wish to contest the administrative revocation, they must file a petition for a hearing within 10 days after receiving notice of the revocation.

Criminal convictions will also result in separate periods of license revocation. For a first-time DUI, a six-month revocation will usually apply, although this will increase to one year if a test showed that a person had a BAC of .15% or higher. A second DUI conviction will result in an 18-month revocation. A third DUI will lead to a revocation lasting for 15 years.

Ignition Interlock Permits

Some drivers may be able to maintain limited driving privileges after the revocation of their driver's license. After an administrative revocation goes into effect, a person can apply for an ignition interlock permit, but to do so, they must waive their right to contest the revocation in a hearing. An ignition interlock permit may also be available during a revocation following a DUI conviction.

An ignition interlock permit will require a person to install an ignition interlock device (IID) in their vehicle. This breathalyzer device will require them to show that they do not have any alcohol in their system before their vehicle will start.

Contact Our Plattsmouth, Nebraska DUI Defense Lawyers

DUI charges can lead to multiple types of serious consequences. Whether you are facing a first-time drunk driving offense or a more serious DUI charge, the team at Olsen Law Offices, P.C., L.L.O. can help you understand the best defense strategies. We will explain your options, help you take steps to minimize the penalties you may face, and advocate for solutions that will help you avoid jail time and get your driver's license back quickly. Contact our Plattsmouth DUI attorneys at 402-598-5789 to set up your free consult.