Lincoln Nebraska DUI/DWI Attorney
1517 N. Cotner Blvd.
Lincoln, NE 68505

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Driving under the influence of alcohol is the most commonly committed crime in the United States. Unlike other crimes such as burglary or theft, most people charged with DUI did not set out to drive drunk. Rather, they may have had one too many drinks at the office Christmas party or perhaps had an extra glass of wine at dinner and didn't realize they were over the legal limit to drive.

Lincoln Attorney Kevin J. Oursland has been representing people charged with DUI and other alcohol-related offenses since 1995. He understands the importance your driver's license means to you, and he will do everything in his power to ensure that you keep yours. Contact Attorney Kevin J. Oursland now if you have been charged with DUI/DWI in any of the following Nebraska counties:

Lancaster - Seward - Gage - Saline - Saunders - Otoe - Cass
Sarpy - York - Hamilton - Hall - Johnson - Butler - Platte

Time is of the essence when you have been charged with DUI. In Nebraska, you will lose your driving privileges through the Administrative License Revocation (ALR) process for ninety days unless you submit the necessary paperwork to the Department of Motor Vehicles within 10 days of your arrest. Kevin J. Oursland has handled countless ALR hearings; he knows what issues to focus on and which questions to ask of the arresting officer.

 Call 402-474-5544 For Immediate Assistance!

Although it is the most commonly committed of all criminal offenses, drunk driving is one of the most difficult to understand and defend properly. Not all attorneys are experienced in defending drunk driving. If you or someone you know has been charged with DUI, contact an experienced DUI attorney immediately.

Kevin J. Oursland

Experienced - Aggressive - Dedicated

Former County Prosecutor

Nebraska Criminal Defense Attorneys Association

National Association of Criminal Defense Lawyers

DUI penalties in Nebraska: First Offense, Second Offense, Third Offense, Fourth Offense, Fifth Offense

In 2006, Nebraska passed legislation making the penalties for people with a BAC of .15 and over more severe than for those with a BAC less than .15.

FIRST OFFENSE DUI

Nonaggravated (BAC less than .15)

Maximum penalty

• 60 days jail
• $500.00 fine
• license revoked for 6 months

Minimum penalty

• 7 days jail
• $400.00 fine
• license revoked for 6 months

Probation penalty

• no jail
• $400.00 fine
• license be impounded for 60 days.

Aggravated (BAC .15 or higher)

The maximum penalty for this offense is

• 60 days jail
• $500.00 fine
• license revoked for 1 year

The minimum sentence is

• 7 days jail
• $400.00 fine
• license revoked for 1 year

If placed on probation, you will  be sentenced to 2 days jail or ordered to perform 120+ hours of community service, you will be fined $500.00, and your license will be revoked for 1 year.

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SECOND OFFENSE DUI

Nonaggravated (BAC less than .15)

Maximum penalty

• 6 months jail
• $500.00 fine
• license revoked for 1 year and immobilization of all motor vehicles for 5 days to 8 months; and
• court may order the use of a continuous alcohol monitoring device during the period not to exceed the period of revocation

Minimum penalty

• 30 days jail
• $500.00 fine
• license revoked for 1 year and immobilization of all motor vehicles for 5 days to 8 months; and
• court may order the use of a continuous alcohol monitoring device during the period not to exceed the period of revocation

Probation penalty

• 10 days jail or 240+ hours community service
• $500.00 fine
• license revoked or impounded for 1 year; and court may order the use of a continuous alcohol monitoring device during the period not to exceed the period of revocation.

Aggravated (BAC .15 or higher)

Maximum penalty

• 1 year jail
• $1000.00 fine
• license revoked for 1 to 15 years; and court may order the use of a continuous alcohol monitoring device during the period not to exceed the period of revocation

Minimum penalty

• 90 days jail
• $1000.00 fine
• license revoked for 1 to 15 years; and court may order the use of a continuous alcohol monitoring device during the period not to exceed the period of revocation

Probation penalty

• 30 days jail
• $1,000.00 fine
• license revoked or impounded for 1 to 15 years; and court may order the use of a continuous alcohol monitoring device and abstention from alcohol use

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THIRD OFFENSE DUI

Nonaggravated (BAC less than .15)

Maximum penalty

• 1year jail
• $600.00 fine
• license revoked for 15 years

Minimum penalty

• 90 days jail
• $600.00 fine
• license revoked for 2 to 15 years; and court may order the use of a continuous alcohol monitoring device and abstention from alcohol use

Probation penalty

• 30 days jail
• $600.00 fine
• license revoked for 2 to 15 years; and court may order the use of a continuous alcohol monitoring device and abstention from alcohol use.

Aggravated (BAC .15 or higher OR refusal to submit to chemical test) Class IIIA felony

Maximum penalty

• 5 years jail
• $10,000.00 fine
• 15-year license revocation

Minimum penalty

• 180 days jail
• up to $10,000 fine
• 15-year license revocation

Probation penalty

• 60 days jail
• $1,000.00 fine
• license revoked for 5 to 15 years

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FOURTH OFFENSE DUI

Nonaggravated (BAC less than .15)--Class IIIA felony

Maximum penalty

• 5 years jail
• $10,000 fine
• 15 year license revocation

Minimum penalty

• 180 days jail
• up to $10,000.00 fine
• 15-year license revocation

Probation penalty

• 90 days jail
• $1,000.00 fine
• license revoked for 15 years

Aggravated (BAC .15 or higher OR refusal to submit to chemical test) -- Class III Felony

Maximum penalty

• 20 years in prison
• up to $25,000.00 fine
• 15 year license revocation

Minimum penalty

• 1 year jail
• fined up to $25,000.00
• 15-year license revocation

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FIFTH OFFENSE DUI

Nonaggravated (BAC less than .15) -- Class III Felony

Maximum penalty

• 20 years prison
• up to $25,000.00 fine
• 15-year license revocation

Minimum penalty

• 1 year jail
• up to $25,000.00 fine
• 15-year license revocation

Probation penalty

• 180 days in jail
• $1,000.00 fine
• 15-year license revocation

Aggravated (BAC .15 or higher) -- Class II Felony

Maximum sentence

• up to 50 years in prison
• 15-year license revocation

Minimum sentence

• no mandatory minimum jail sentence
• 15-year license revocation

Probation penalty

• 180 days in jail
• $1,000.00 fine
• 15-year license revocation

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What should you do if you are stopped for DUI in Nebraska?

Do not provide any information to the police other than your name, address, driver's license, and vehicle information. The police officer will ask you if you have been drinking. You do not have to answer this question. Politely but firmly decline to answer.

Do not admit to anything. Anything you say to a police officer can be used against you in court. The best practice is to remain silent. Do not make the officer's job easier by admitting to drinking. Some people believe that if they tell the police that they only had "a couple" of beers that the police will let them go. The fact of the matter is that the police won't believe you if you tell them you only had a couple of beers.

Do not perform field sobriety tests (FSTs). Standard FSTs in Nebraska are the one-leg stand, the walk-and-turn, the Rhomberg balance test, and the horizontal gaze nystagmus (HGN). You are not required under Nebraska law to perform any of these FSTs, and you cannot be arrested for refusing to do them. Again, simply tell the officer that you do not want to do the tests. In most cases, the officer will respect your request.

Request independent sample of your breath or blood. You have the right in Nebraska to have an independent test done of your blood or breath.

Ask to speak to an attorney immediately. Always ask to speak to an attorney. Your request will probably be denied, but asking for one puts the police on notice that you are standing on your rights.

Should you submit to a breath or blood test?

If you are arrested for DUI, you will be asked to provide a sample of your blood or breath for testing. As a general rule, if it is your first DUI, you should submit to a test. Refusing to do so can have the same consequences as a DUI conviction, and it is easier to prove a refusal than it is to prove a DUI. If you have prior DUI convictions, or if you suspect that your blood alcohol content will be over .15, you may have nothing to lose by refusing to submit.

Some commonly asked questions about DUI/DWI

What is the definition of DUI in Nebraska?

In Nebraska, it is against the law to operate or be in actual physical control of a motor vehicle while under the influence of any alcoholic liquor or of any drug, or with a blood alcohol concentration of .08 or more. Neb. Rev. Stat. 60-6,196.

What is "Blood Alcohol Level"?

The blood alcohol level, or BAC, is the percentage of alcohol detected in the blood. BAC is determined by either a blood test or a chemical breath test.

Does a person have to do field sobriety tests if requested?

No. There is no penalty for declining to perform standard field sobriety tests.

What happens if I refuse to submit to a preliminary breath test?

You will be arrested and taken to jail. You will be charged with refusal and fined $100.00.

Since 1995, criminal defense attorney Kevin J. Oursland has been representing people charged with DUI/DWI. Contact him by e-mail or call 402-474-5544 for a free consultation if you have been charged with DUI/DWI in Lancaster, Seward, Saline, Saunders, York, Cass, Otoe or Gage County.

Protect your rights and your future. 
Contact DUI/DWI Attorney Kevin J. Oursland today.

1517 North Cotner Blvd.
Lincoln, NE 68505
Phone: 402-474-5544 | Fax: 402-464-0250
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