Lincoln DUI Drug Lawyer

Lincoln DUI Drug Attorney

Alcohol DUI cases are admittedly more common than charges pertaining to driving while under the influence of drugs. There are only slight differences in how a DUI conviction involving controlled substances varies from the more common alcohol-related DUI violation. A drug DUI may also lead to additional charges under the category of drug crimes. If you or a loved one is dealing with a first-time DUI or have been charged along with prior convictions, reach out to a Lincoln DUI drug lawyer during these particularly stressful circumstances.

DUI vs DWI vs OMWI/OMVWI

Driving under the influence (DUI) and driving while impaired/intoxicated (DWI) are interchangeable terms for the same violation and are not seen as separate charges in most states, including Nebraska. These are the acronyms you’ll usually see, but there is also operating a motor vehicle while impaired or intoxicated (OMWI/OMVWI). These are all common names for the same offense. DUI is the only legal or technical term as Nebraska law refers to the crime as an event in which a person drives under the influence of liquor or drugs.

Minor Differences Between Alcohol and Drug DUIs

DUIs related to alcohol tend to be more common and frequently reported compared to cases of driving while on other substances. Thus, alcohol DUIs have more standardized methods of testing and determining the level of intoxication. An individual operating a car or other motor vehicle whose blood alcohol concentration (BAC) is above 0.08% (the legal limit) is considered under the influence and in violation of the law.

Contrastingly, drug DUIs are non-uniform and typically more difficult to measure and prosecute accordingly. Drug intoxication is also more widely varied in a category with several possible substances or a combination of substances. Surprisingly, even prescription or over-the-counter medications can impair driving abilities and are subject to possible indictment. This is in addition to illegal drugs such as marijuana, heroin, cocaine, opiates, unprescribed pills, etc.

The aspect that is most dissimilar is the testing of intoxication levels and recognizable symptoms. Suspected alcohol use behind the wheel is frequently determined by officers on the scene through breathalyzers or field sobriety tests, offering results quickly. If needed, blood and urine tests are also available.

When driving a vehicle under the influence of controlled substances is suspected, it can be more complex and time-consuming to figure out. Law enforcement officers may take blood, urine, or saliva samples to test any presence of drugs in someone’s system. If the driver doesn’t submit to a blood test and refuses any chemical testing altogether, they will be automatically arrested.

Additionally, there is no catch-all or comprehensive standard for determining an “illegal” amount of drugs or impairment, and indicating symptoms of drug usage can vary considerably depending on the substance and the person’s own biology.

What a Criminal Defense Lawyer Can Do for You in a Drug DUI Case

A criminal defense lawyer has experience dealing with violation accusations, aiding a number of diverse defendants and their DUI charges. An attorney is able to help review and interpret police reports, test results, and their validity, as well as any other evidence the state may have relevant to your case. They’ll give you an in-depth understanding of your situation in terms you can easily grasp and always be accessible to ongoing questions by answering/returning your calls.

A DUI lawyer can give guidance and explain any and all convoluted details as you undergo this experience. They’re also able to actually streamline the process and get you on your way sooner. A quality attorney is there to provide you with a sense of security, offering attentive knowledge and skills tailored to the unique details of your case.

FAQs

Q: How Long Does a DUI Stay on Your Record in Nebraska?

A: A convicted DUI will last on your record for 5 years. All drivers are held to a point system; 12 points on your record results in permanent suspension of your license. A first-time DUI is 6 points. Nebraska law also states that if your first DUI was within the past 15 years, another received DUI charge will be considered your second offense.

Q: How Do I Get Out of a DUI in Nebraska?

A: There are certain defenses or arguments your lawyer can use to reduce penalties or render a DUI charge invalid. However, if you are convicted, it’s still possible to get the DUI expunged from your record. Under Nebraska law, as long as you only received a fine or finished probation for your offense, you can qualify. An attorney will help file a motion for a hearing to be scheduled, where you will attend, and relevant evidence will be provided.

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

A: There are fees and fines to pay following a DUI charge; first-time and subsequent offenses both apply. The DUI attorney themself will usually charge a flat fee within the range of $800-$2,500. Your lawyer expenses will likely be on the costlier end if your case involves an accident or the injury/fatality of another person in Lincoln, Nebraska.

Q: What Is the Punishment for DUI in Nebraska?

A: Punishments can vary. Aggravated DUIs (BAC 0.15%+, breathalyzer or blood) result in extended driver’s license suspension. First offenses are sentenced to 7-60 days in jail and a $500 fine.

If granted probation, only the fine applies (aggravated offense requires the fine, 2 days jail time, or 120 community service hours). The license is revoked for 6 months or one year if aggravated.

After a second DUI charge, subsequent convictions veer into felony territory, with heavy fines and extensive possible jail time. The license is revoked for 15 years.

Be Proactive and Hire a DUI Defense Lawyer

Take your case and the potential lasting effects on your future seriously, and contact Sopinski Law Office. We have vast experience with cases like yours and are well-versed in the specifications for all legal proceedings involved in a DUI charge. Our firm can support you through every step of your case, build a robust defense, and help you get a positive outcome. Contact us today, and we can discuss your story.