Omaha DUI Defense Attorney
Named "Best of the Big O" for DUI defense. Glenn Shapiro has defended thousands of Nebraskans against DUI charges since 1989. Your license and your future are on the line.
Nebraska DUI Laws: What You Are Up Against
Nebraska takes DUI seriously. Under Neb. Rev. Stat. Section 60-6,196, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of any drug or combination of alcohol and drugs that impairs your ability to drive. For commercial drivers, the limit is 0.04%. For drivers under 21, Nebraska has a zero-tolerance policy at 0.02%. A DUI arrest in Omaha triggers two separate proceedings: the criminal case in Douglas County Court and an administrative license revocation (ALR) through the Nebraska Department of Motor Vehicles. You need an attorney who can fight on both fronts simultaneously. That is exactly what we do.
DUI Penalties in Nebraska
Nebraska DUI penalties escalate sharply with each offense. Understanding what you face is the first step toward building an effective defense.
First Offense DUI
A first-offense DUI in Nebraska is a Class W misdemeanor. Penalties include up to 60 days in jail (7-day minimum mandatory), a $500 fine, a 6-month license revocation, and an order to install an ignition interlock device (IID). You may be eligible for probation with community service and alcohol education classes. Even a first offense creates a criminal record that employers, landlords, and licensing boards can see. Do not assume the court will go easy on you because it is your first time.
Second Offense DUI
A second DUI within 15 years is a Class W misdemeanor with steeper consequences: 30 days to 6 months in jail, a $500 fine, an 18-month license revocation, a mandatory IID for the revocation period, and intensive outpatient alcohol treatment. The court has far less discretion on a second offense. Prosecutors push for maximum penalties, and judges impose them. You need an attorney who can identify every viable defense and negotiate aggressively.
Third and Subsequent Offenses (Felony DUI)
A third DUI within 15 years is a Class W misdemeanor with 90 days to 1 year in jail, a $600 fine, a 2-year license revocation (with a 45-day absolute revocation), and a mandatory IID. A fourth or subsequent offense is a Class IIIA felony carrying up to 3 years in prison, an $10,000 fine, and a 15-year license revocation. At this level, you are facing prison time. The stakes could not be higher, and the defense strategy must be precise.
Aggravated DUI and Refusal Penalties
Aggravating factors increase penalties significantly. A BAC of 0.15% or higher, having a minor in the vehicle, causing an accident with injuries, or refusing the chemical test all trigger enhanced penalties. Under Nebraska's implied consent law (Neb. Rev. Stat. Section 60-6,197), refusing a chemical test results in an automatic one-year license revocation for a first offense. Refusal can also be used as evidence against you at trial. However, there are constitutional and procedural arguments that can be raised to challenge a refusal-based revocation.
Need to talk to an attorney?
Free consultation. No obligation. We answer the phone.
How We Challenge DUI Evidence in Omaha
A DUI arrest is not a DUI conviction. Every DUI case has potential weaknesses, and our job is to find them. We challenge the initial traffic stop (did the officer have reasonable suspicion?), the administration of field sobriety tests (were they conducted according to NHTSA standards?), the calibration and maintenance of the breathalyzer machine, the chain of custody for blood samples, and the officer's observations and testimony. Breathalyzer machines are not infallible. The Intoxilyzer and DataMaster devices used in Nebraska must be calibrated regularly, operated by certified technicians, and administered according to specific protocols. A deviation from any of these requirements can make the results unreliable and potentially inadmissible. Field sobriety tests are subjective. Factors like medical conditions, fatigue, road surface conditions, footwear, and nervousness can all produce false indicators of impairment. We scrutinize every detail of the stop and arrest.
Administrative License Revocation (ALR) in Nebraska
After a DUI arrest in Nebraska, the Department of Motor Vehicles will attempt to revoke your driving privileges through an administrative process separate from your criminal case. You have only 10 days from the date of arrest to request an ALR hearing. Miss that deadline, and your license is automatically revoked. At the ALR hearing, we challenge whether the arresting officer had probable cause, whether the chemical test was properly administered, and whether the results are reliable. Winning the ALR hearing can preserve your driving privileges while the criminal case is pending. Even if the revocation is upheld, we can often secure an ignition interlock permit that allows you to continue driving for work and essential purposes.
Need to talk to an attorney?
Free consultation. No obligation. We answer the phone.
Why Choose Glenn Shapiro for DUI Defense
Glenn Shapiro has been defending DUI cases in Omaha since 1989 and was named "Best of the Big O" for DUI defense by The Reader. That recognition did not come from advertising. It came from results. Glenn knows the Douglas County judges, the prosecutors, the police officers who make DUI arrests, and the technical details of breath and blood testing. He has challenged hundreds of breathalyzer results, cross-examined arresting officers, and won DUI trials that other attorneys thought were unwinnable. When your license, your job, and your freedom are on the line, you want the attorney that prosecutors take seriously.
Need to talk to an attorney?
Free consultation. No obligation. We answer the phone.
Frequently Asked Questions
Ready to Discuss Your Case?
A DUI arrest does not have to end in a conviction. Call Glenn Shapiro at 402-341-0700 for a free consultation with Omaha's most experienced DUI defense attorney.