Frequently Asked Questions About DUI

If you were pulled over on I-80 or any other road and charged with drunk driving, you likely have countless questions. At Whelan Law Office in Omaha, we're here to answer them. Our lawyers are also here to provide the aggressive, results-oriented representation you need to protect yourself to the fullest extent possible. Call our law firm 24/7 at 402-513-0504 to arrange a free initial consultation right away.

For general information about DUI charges in Nebraska, you can also review the questions and answers below:

Q. Will I go to jail?

A. Whether or not you face jail time depends on many different factors. These factors include whether this is your first offense, how long ago any prior offenses happened, whether anyone was injured, how high your blood alcohol content (BAC) was, and more.

The outcome of your case can also hinge on whether your lawyer finds that law enforcement violated your rights or made any errors. Call our firm to discuss your particular situation with us.

Q. Can I keep driving if I've been charged with DUI?

A. In Nebraska, law enforcement has the right to immediately take away your driver's license if you are arrested for allegedly driving under the influence (DUI). However, you will be given a 15-day temporary license.

After those 15 days are up, your driver's license will automatically be revoked by the Department of Motor Vehicles. Under certain circumstances, you can continue to drive if you obtain an ignition interlock permit and have the device installed in your vehicle. Our firm can explain the requirements in detail and advise you about how to proceed to have the best chance of keeping or restoring your driving privileges.

Q. What's the difference between a regular DUI and an aggravated DUI?

A. If your blood alcohol content (BAC) is over .08 and less than .15, you will be charged with DUI. However, if your BAC is .15 or greater, you will be charged with aggravated DUI. As you might imagine, the penalties for aggravated DUI are more serious. With the help of a skilled attorney, however, it may be possible to get your charges reduced or even dismissed.

Q. If I was arrested for drunk driving several years ago, will it affect my current case?

A. It might, depending on how much time has passed since your previous conviction. If you were convicted of DUI within the past 15 years from the date of your arrest, it can enhance your current charge and turn it into a second offense DUI or greater depending on the number of prior convictions, which carries much higher penalties. (Nebraska used to have a "look back" period of only 12 years, but in 2012, it was changed to 15 years.)

Do you have other questions? Call Whelan Law Office 24/7 at 402-513-0504 or contact our Omaha office online to set up a consultation.