Nebraska DUI Lawyer
Nebraska DWI Lawyer



Omaha NE DWI Lawyer

1700 Farnam Street Woodmen Tower - 28th Floor, Suite 2820
Omaha, NE 68102


Burt
Cass
Dodge
Douglas
Gage
Lancaster
Sarpy
Saunders


(402) 455-1711
(402) 408-6576
www.kellyduilaw.com

Law Office of Brendan M. Kelly, P.C.


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Omaha Nebraska DUI Lawyer Brendan M. Kelly, P.C.

CALL NOW FOR A FREE CASE EVALUATION

(402) 455-1711

Omaha Nebraska DUI Lawyer

Your Nebraska DUI charge has the potential to negatively impact your entire life, so you need a Top DUI defense attorney fighting for your rights.  I have over seventeen years of trial experiences, defending people just like you.  Most importantly if you’ve been arrested for DUI in Nebraska, you have only ten (10) days from the date of your arrest to request a hearing with the Nebraska DMV or your license will be automatically suspended.   I know the law, the science and how to protect your rights.  I continue to study and improve on ideas of others top lawyers.  Put me to work protecting your rights, your driver’s license, and your criminal record.

We represent individuals accused in Omaha, Bellevue, La Vista, Papillion, Ralston, Gretna, Plattsmouth, Ashland, Lincoln, Fremont, Blair, Ft. Calhoun, Kennard, Boys Town, Millard and Elkhorn.  We travel through out Nebraska, including the following NE Counties - Douglas, Sarpy, Cass, Washington, Dodge, Lancaster and Saunders.
Call for your FREE consultation today!

I graduated from Creighton University school of Law and hold an active license from both Nebraska and Colorado, as well as the federal court system.  I’m a Trial Attorney, having defended people like yourself in well over fifty (50) jury and hundreds (100’s) more criminal bench trials.  My career and reputation is built upon seeing that the rights of all people are protected and that all clients have access to the system of justice.  My practice is focused upon Alcohol related traffice matters, but I still handled all types of Criminal and Family law matters from juvenile offenses to capital murder.  I have the same training as the cop who gave you the Field sobriety tests (FST’s) and I know how to enforce your rights!   I will tell you what it will cost up front and I offer payment plans to help serve you better.  You will find that I am a lawyer you can talk with about your case and that I will return your calls and follow-up on your matter.

 

I proudly belong to the following professional organizations:

  • National College for DUI Defense, Inc.
  • National Association of Criminal Defense Lawyers
  • Nebraska Association of Trial Attorneys
  • Nebraska Association of Criminal Defense Attorneys
  • Colorado Criminal Defense Bar
  • Nebraska Bar Association
  • Colorado Bar Association
What Happens To First Time Offenders in Nebraska?

Nebraska First Offender

You Are DWI In Nebraska if your blood alcohol content (BAC) is .08% or higher.

First Offender Penalties:

Jail

60 days in jail, 7 days mandatory minimum.

License Revocation

Mandatory minimum 6 month license revocation. Law enforcement may immediately confiscate your driver’s license as a result of a Driving Under the Influence (DUI) arrest. You may receive a temporary license for 30 days. Drivers may file a petition to request a hearing to contest the revocation. The petition must be mailed within 10 days of Notice being served to the driver.

Fine

$400 fine.

Probation

60-day license revocation plus a $400 fine.

Alcohol Assessment / Treatment

A person convicted of DWI will also have to pay for an alcohol assessment during a pre-sentence evaluation and if ordered by the judge will be required to attend an alcohol treatment program. The treatment program can cost over $3,000 and will be at the expense of the person convicted of DWI.

Employment Driving Permit

During the period of the Administrative revocation of your driving privileges, an employment driving permit is available under certain circumstances.

Test Refusal

Drivers who refuse the breath or blood test will be revoked for a one (1) year time period, plus facing criminal charges (see above).

Ignition Interlock

If you failed the chemical test, you may be required to install (at your expense) an ignition interlock, a device that will not allow you to operate your car if you have any alcohol in your system.

Under 21

If you are under 21 and had a BAC of .02-.079 there are no criminal penalties, but driving privileges can be suspended. If the BAC is between .02 and .08, driving privileges may be suspended for 30 days on the first occurrence, and one year on any subsequent occurrence. If a driver has a BAC of .08 or above, driving privileges can be suspended for one year.

Commercial Driver

You can be disqualified for one (1) year for a first time conviction for DUI with an alcohol concentration of .04 or more, or refusing to take a blood alcohol test. If these violations were while transporting hazardous materials the disqualification is increased to three (3) years.

Insurance

You insurance rates will probably increase significantly. Rates for your family members, or even for your employer (if you use a company car), may increase as well.

Reinstatement Requirements

Surrender operator’s license/permit (if not done at the scene) or sign an "affidavit of lost license" if you no longer have possession of the license. This does not apply if the license has expired.

Pay a $125.00 reinstatement fee. Payment of the reinstatement fee needs to be in the form of a cashier’s check, bank draft, money order made payable to the Department of Motor Vehicles (no personal or business account checks).

Higher Penalties

Higher penalties are imposed if your DWI involved and accident, injury or death, or if you had a passenger under 16 years of age.

 

COMMONLY ASKED QUESTIONS AND ANSWERS

  • TYPE OF CASES OUR FIRM HANDLES
    I have successfully tried many cases to bench and jury trials including dui, criminal and traffic.
  • WE THINK YOU SHOULD HIRE US IF:
    You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
  • OUR FIRM IS NOT RIGHT FOR YOU IF:
    You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
  • IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
    I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message with my secretary or on my voicemail. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (402) 455-1711 or email kellyfirm@qwestoffice.net
  • THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
    The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.
  • OUR CLIENTS WILL TELL YOU THAT:
    My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
  • OUR PHILOSOPHY ON HOW WE APPROACH  OUR CASES IS:
    Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
  • IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
    During our free initial consultation I will answer any questions. Please call (402) 455-1711.