Lincoln Multiple DUI Lawyer

Lincoln Multiple DUI Attorney

Getting a DUI, even for a first-time offender, is always stressful since it’s a serious matter that can impact your future. If you’re charged with a repeat DUI, meaning this isn’t the first time you’ve been arrested for drunk driving in recent years, the potential penalties you face are even harsher. Speak with an experienced Lincoln multiple DUI lawyer if you’re facing a second or subsequent DUI charge to ensure your rights are protected.

The dedicated and hard-working legal team at Sopinski Law Office is educated, qualified, and professional. Our criminal defense attorneys are also committed to providing each of our clients with superior legal counsel and representation. We aim to ensure that accused individuals are still respected in a court setting, that their rights are protected, and their case is heard.

DUI Laws in Nebraska

If a police officer suspects that someone might be driving while under the influence of alcohol or other substances, they can ask the driver to submit to a breathalyzer test. Because Nebraska follows implied consent laws, drivers are required to comply, or they may face consequences.

Probable causes for a traffic stop can include reckless driving, general disregard for traffic laws and regulations, or due to reports of a potentially intoxicated driver. If the driver’s blood alcohol content (BAC) result upon testing is 0.08 or higher, they will be arrested and charged with a DUI.

It’s also possible for an officer to arrest a suspected intoxicated driver in Lincoln, NE even if their BAC is within legal limits. This can occur if the driver fails a field sobriety test or appears to be affected by substances in their system because the law recognizes a police officer’s discretion. This means that, ultimately, it is up to the officer to decide when your driving will further endanger other drivers because of substance-related impairment.

How a Subsequent DUI Impacts Your Case in Nebraska

The legal defense for a multiple DUI charge is similar to any other DUI case. The biggest difference is that with a subsequent DUI charge, the courts tend to be less flexible because the defendant has already committed this offense before. The judge will likely regard the unlawful activity differently depending on how many previous DUI convictions you have, how long ago your last offense was, whether this or your prior violations were aggravated, and other factors.

However, if your second or subsequent DUI is years after your first or last DUI violation, the court may be more understanding, and your defense lawyer can also work to emphasize these circumstances. If the DUI was aggravated, meaning your BAC was 0.15 or more, it likely would harm your case regardless of if your priors were.

Each subsequent DUI violation you get is going to increase the potential penalties you face. Keep in mind that the more DUIs you have on your record, the more harsh a court is likely to be. Additionally, laws in Nebraska enforce serious punishments that only increase with the more DUI convictions an individual receives.

Potential Defenses for a Repeat DUI in NE

One of the most common defense strategies for a secondary or subsequent DUI is that the arresting officer failed to adhere to the 15-minute observation rule before submitting you to a BAC test. Nebraska law requires an officer to observe a potentially intoxicated driver for at least 15 minutes before administering a breathalyzer. If they fail to do so or do not properly document that they did so, your defense attorney can prove that your rights were violated.

Other potential defenses for a repeat DUI include questioning whether the arresting officer had probable cause for the stop, if they administered the breath test incorrectly if the environment or a health condition of yours impacted the results of a field sobriety test and many others. Reach out to our dedicated defense team to learn more about possible defense for your unique situation.

FAQs

Q: What Happens If You Get Two DUIs in Nebraska?

A: If you’re arrested and charged with a DUI while having a previous conviction of the same misconduct, the consequences will be harsher compared to the first time you were charged. Offenders convicted of a second DUI are subject to a longer jail sentence than a first-time offender but may be eligible for community service as an alternative sentence if they’re given probation. You may also face higher fines, potential rehabilitation, and more.

Q: How Much Does a DUI Lawyer Cost in Nebraska?

A: For DUIs or any criminal defense, a lawyer will typically charge an hourly rate or a flat fee. Costs will undoubtedly vary depending on where you go, along with other influencing factors like the attorney’s experience, their level of success, how complex your case is, and how much the lawyer anticipates defending you will cost in resources, effort, and time. You can always discuss your financial situation and a lawyer’s payment options prior to hiring them.

Q: What Happens If You Get a Third DUI in Nebraska?

A: If you are charged with a third DUI in Nebraska, you are subject to an extended jail sentence, a heavy fine, potential revocation of your driver’s license for up to 15 years, and no potential for community service as a way to limit jail time. If your third DUI was an aggravated offense (BAC was 0.15 or above), a conviction is punishable by harsher, felony-level charges. If you’re facing a third DUI charge in Nebraska, seek help from an experienced defense team immediately.

Q: How Many Prior DUIs Will Lead to a Subsequent Felony in Nebraska?

A: Generally, all DUI charges less than an aggravated third DUI, including a non-aggravated third DUI, will be tried as misdemeanor crimes. Once a defendant is charged with an aggravated third DUI or a non-aggravated fourth DUI, their crime (and any further subsequent DUIs) will be considered a felony and punished accordingly upon conviction. Because felonies can be charged on various levels, you should discuss the exact meaning of your charge with your lawyer.

An Experienced, Competent DUI Defense Team

At Sopinski Law Office, our team takes ensuring our clients are provided high-quality legal representation very seriously. Our professional criminal defense lawyers are compassionate, diligent, and committed to making sure you receive the most favorable outcome possible. Contact us today.