Lincoln 3rd DUI Attorney

Lincoln 3rd DUI Lawyer

For every DUI an individual gets, the odds go up that they’ll get another one. If you’ve had two repeat DUI convictions and you’ve been arrested again, speaking to a Lincoln 3rd DUI lawyer is your top option for avoiding another DUI conviction.

Sopinski Law Office is an established Lincoln DUI criminal defense law firm with experience representing repeat DUI offenders in Nebraska. Our DUI defense lawyers will treat you with respect and provide you with the support you need to get through this difficult time. If you’ve been charged with drunk driving, you can alleviate some of the stress of navigating the legal system with a Sopinski Law Office DUI attorney.

Third DUI in Lincoln

A third DUI charge in which the defendant had a BAC level above the legal limit of 0.08% but below 0.15% is still deemed a class W misdemeanor in Nebraska. A conviction of this DUI charge will cost you a $1,000 fine, up to 15 years of license revocation, and as many as 60 days in jail.

If your BAC was more than 0.15% at the time of your arrest, and this is your third DUI charge, this is considered a Class IIIA felony. This charge is much more significant than other DUI charges and should be taken seriously. It’s highly recommended that you seek legal counsel from a DUI defense attorney as soon as possible to discuss your options.

One looming factor about a Lincoln DUI is that when you’re stopped by the police and arrested for a DUI offense, the law enforcement officer can revoke your driver’s license immediately by law. Your driver’s license will then remain suspended until you appear in court. You may be eligible for a temporary driver’s license for up to 15 days, but if you are convicted of a third DUI offense, you could lose your license for up to 15 years.

If this is your third DUI, and it carries aggravated charges, you can expect a license revocation for a mandatory minimum of two years and up to three years in jail. After getting a first and sometimes second DUI, you have the opportunity to appeal to the court in an administrative hearing to challenge the revocation of your license, but these privileges are granted on a case-by-case basis when a very strong argument is made as to why a driver should be allowed to continue driving.

Ultimately, whether a defendant is granted permission to keep their driver’s license depends on the situation and the circumstances of their unique case. After a third DUI conviction, though, it becomes extremely hard to retain your driving privileges via an administrative hearing.

Why Hire a DUI Lawyer?

If your charges have any chance of being dropped or minimized, an attorney well-versed in criminal law can scrutinize your case and records to determine an ideal criminal defense to optimize the potential outcome of your case. It is even possible for felony DUI charges to be reduced to a misdemeanor and, under unique circumstances, to be dropped altogether.

At the very least, you may be able to get a lightened sentence via a plea deal, and these situations typically turn out better when you have a DUI attorney who knows how to negotiate with prosecutors to speak on your behalf and get the DUI penalties associated with your charges lowered significantly.

DUI Defense Strategies

For a DUI charge to be dropped, the defense must be able to prove reasonable grounds for dismissal. This would be something like mistakes made during the traffic stop that initiated the arrest or some indication that the BAC test was not administered or read properly or was malfunctioning and could have likely given an erroneous reading. If a field sobriety test was given, this could also have been conducted in error, or perhaps there was a misrepresentation in the arrest.

If a BAC test was administered, state law requires a 15-minute wait period before giving a test for the test to be deemed valid. This is so that the officer can observe the subject to ensure nothing occurs that might affect the test results. During this period, the suspect should not be allowed to smoke or eat, as smoke or food particles blown into the breathalyzer can not only alter test results but can permanently damage the sensor in the equipment.

A breathalyzer is calibrated to read a sample of deep lung breath, and it takes around 20 minutes for alcohol to be fully absorbed into the blood. An observation period must begin with a mouth check, and the time must be recorded. If any disruption of the observation occurs, the observation period must be restarted, including a mouth check and recorded time. This period should take place outside of the police car, not while transporting the suspect.

Another common defense for a DUI charge in Nebraska is the indication that the defendant’s constitutional rights have been violated. For instance, regardless of whatever act you are allegedly caught in, you have a right to due process and fair treatment within the judicial system. You also have a right to be protected from unlawful search and seizure, among others.

If there were any instances when your rights weren’t protected, it could be potential grounds for an altered or dismissed charge. Criminal defense attorneys are skilled in finding these facets of a case by pouring over the records and reports associated with the case. They know what to look for and know what the courts will accept and what they won’t.

What Are the Costs Associated with a Repeat DUI?

If you are facing a Lincoln DUI conviction, you should know that there are several costs associated with a Lincoln DUI, and they can add up quickly. The first expense will be the cost of posting bail to be released from custody following your DUI arrest. This must be paid as a pre-trial bond. If you cannot afford this, you will be released when the legal time required for your release has passed.

The next expense you will have is a retainer for a Lincoln DUI lawyer, should you decide to hire one.

Throughout your case, you may be required to take a Chemical Dependency Exam (CDE), which is a drug dependency evaluation to determine whether you would benefit from a treatment program. These evaluations are conducted by third-party evaluators and generally cost a couple hundred dollars. If you have health insurance, it doesn’t hurt to ask if this is a covered medical expense on your policy.

You will also be required to pay a mandatory court filing fee, and if you’re convicted, you’ll have to pay court fees and fines, which will be determined by the number of repeat DUI convictions you have on your record. The more convictions, the higher the fines and fees.

If you were sentenced to DUI jail, you might have to pay even more. If you are sentenced to probation, there are fees also associated with that, including an enrollment fee and a monthly fee to cover the cost of the drug testing services required for probation.

When your driver’s license revocation is over, you will have to pay the DMV to get your license reinstated. In some cases, you may also have to attend a self-paid driving course. You will also be required to take a driving exam, even if you took one previously. If you’re required to get SR-22 insurance, your car insurance expense could increase substantially.

There are also non-monetary penalties that can be incurred from a DUI, including loss of wages from missed work, increased car insurance, and interlock ignition fees, if applicable.

Ignition Interlock Permit

If you waive your right to an Administrative License Revocation (ALR), you can apply for an Ignition Interlock Permit (IIP) in Nebraska, and there are some qualifications you must meet. First, you must be a Nebraska resident. You must also be 18 years of age or older, and the alcohol violation must have taken place in Nebraska.

Furthermore, you must meet other reinstatement requirements for non-alcohol-related suspensions and revocations of your license on your Nebraska driving record. Any required wait periods must be carried out, and you must not have your driving privileges revoked in any other state or jurisdiction. If you meet these requirements, you may apply for a permit. If your application is approved, you will be given follow-up instructions from the Nebraska DMV.

Hiring an Experienced DUI Lawyer in Lincoln, Nebraska

There’s no way to make getting a third DUI sound any better than it is, but with the right legal support, you can get through this situation perhaps less scathed than you would without the help of a skilled DUI attorney. The DUI defense lawyers at Sopinski Law Office can direct you and advise you on matters regarding your unique situation and the circumstances of your DUI case, whether it’s your first, second, third, or more Lincoln DUI.

Contact Sopinski Law Office and speak with a member of our esteemed and knowledgeable legal team. We can answer your questions and help ease the stress you’re feeling about facing these charges. We are ready to take your call and equipped to take your case.