For many years the drinking and driving laws in the United States were under enforced. Motorists were typically only arrested when an accident was involved or when they were so intoxicated it was impossible to ignore them. Over the last 20 years, the anti-drinking and driving movement pushed for harsher laws and tougher penalties across the United States. As a result, most states changed their drinking and driving laws to provide easier enforcement and increased penalties. In addition, many states, including Nebraska, have made the punishment for even a first-time drunk driving offense harsher if there are aggravating circumstances.
Aggravated DUI in Omaha
Your BAC level is typically determined by taking a breathalyzer after you have officially been arrested. The legal limit in a simple Omaha DUI conviction is 0.08 for most drivers. If, however, your BAC level is over 0.15, then you face increased penalties. A DUI with a breath or blood content above 0.15 is called an aggravated DUI.
Penalties for an aggravated DUI conviction in Omaha include at least 2 days in jail and a one-year license revocation. A “simple” first-time DUI in Omaha carries a license revocation as little as 60 days. The reason behind the increased penalties for an aggravated DUI is simple – offenders who are considerably over the legal limit and driving pose an increased risk and should be punished more severely.
If you are facing an aggravated DUI in Omaha, I highly recommend you take advantage of our free, no obligation consultation. We will explore all the facts of your case, present possible defenses and explain how you can minimize or avoid the most serious consequences of an aggravated DUI.