First-Offense DUI in Omaha

Former Prosecutor & Police Officer. Certified in Field Sobriety & Breathalyzer Testing.

A first-offense DUI arrest in Omaha starts two legal clocks at once: a criminal case in court and a separate administrative process that can cost you your license within 15 days. How you respond in the first days matters. Michael J. Fitzpatrick, Attorney at Law brings over 20 years of criminal defense experience to these cases, and Michael J. Fitzpatrick is a former Omaha city prosecutor who has worked both sides of DUI charges throughout his career.

A first DUI charge carries real consequences, and the window to protect your driving privileges is short. Call us today for a free consultation at (402) 809-5008 and let’s review your case before deadlines pass.

What Nebraska Law Says About a First DUI Conviction

Nebraska classifies a first DUI offense as a Class W misdemeanor. A first-offense conviction carries a mandatory minimum of seven days in jail, up to 60 days, along with a $500 fine. If the court grants probation instead of jail time, the fine still applies, but the mandatory minimum can be waived. License revocation generally runs from 60 days to six months, depending on the terms of the sentence. A blood alcohol concentration (BAC) of 0.15% or higher, or a refusal to submit to chemical testing, pushes the revocation to one year and increases jail exposure.

Nebraska also requires installation of an Ignition Interlock Device (IID) to drive during any revocation period. The IID requires a clean breath sample to start the vehicle and additional tests while driving. One more consequence worth understanding early: a Nebraska DUI conviction can’t be expunged. It stays on the criminal record unless addressed through a formal set-aside proceeding.

Two Separate Cases After a DUI Arrest

Nebraska’s implied consent law means that driving on state roads is treated as advance consent to chemical testing when lawfully arrested on suspicion of DUI. After an arrest, the driver receives a temporary license valid for 15 days. After that, the license is automatically revoked unless action is taken.

The critical deadline: a driver has only 10 days from the notice of revocation to petition the Nebraska DMV for an Administrative License Revocation (ALR) hearing. Miss that window and the right to contest the revocation is gone, regardless of how the criminal case resolves. The two proceedings run on separate tracks with separate outcomes. The criminal charge is heard in the Criminal/Traffic Division of Douglas County Court, while the DMV hearing addresses only the license revocation.

How We Approach First-Offense DUI Defense

Michael J. Fitzpatrick is certified in field sobriety and breathalyzer testing. That certification isn’t a formality. Combined with his background as a former police officer and prosecutor, it means he understands how officers are trained to build a DUI case and how prosecutors evaluate whether that case will hold up.

In a first-offense DUI, three challenge points often determine the strength of the state’s evidence:

• The traffic stop: Whether the officer had legal justification to stop the vehicle in the first place
• Field sobriety test administration: Whether standardized tests were conducted according to proper protocol, since deviations can affect reliability
• Breath-testing equipment: Whether the device used was properly calibrated and maintained at the time of the test

We review each of these elements in each case and build a defense strategy around the specific facts and evidence involved.

Start with a Free Consultation

A first-offense DUI is serious, but it’s also defensible. The earlier you get counsel involved, the more options you preserve, including the ability to contest your license revocation before the 10-day deadline closes. Michael J. Fitzpatrick has prosecuted and defended thousands of DUI cases over more than two decades. Call (402) 809-5008 to schedule your free consultation.