Omaha DUI Charges

There were over 12,000 DUI arrests in Nebraska in 2011 and police say Omaha drunk driving arrests were up in 2012 and so far this year. DUI offenses in Omaha may be initiated by the Omaha Police Department, Nebraska State Patrol or other deputized officials called peace officers.

Driving under the influence can be proved two ways by the State. If your blood alcohol content is more than .08 while operating or in physical control of a motor vehicle, then the State can prove drunk driving. The second way is through observing driving and field sobriety tests. Even if the breath test is below .08 or is not available, conduct that shows you were impaired and unable to safely operate a vehicle may allow the State to prove drunk driving.

The Omaha Prosecuting Authority

Omaha is a municipal corporation and able to legislate its own laws and regulations. The City of Omaha passed its own driving under the influence law found at Section 36-115 of the Omaha Municipal Code.

Charges for DUI that occur in the city limits of Omaha are filed by the Omaha City Prosecutor’s Office. The OCP consists of twelve full time attorneys responsible for filing misdemeanor criminal and traffic charges. Many of the city attorneys are legal veterans and have formidable experience at conducting criminal prosecutions.

Omaha City Ordinance

Omaha Municipal Code Section 36-115 differs significantly from the Nebraska State Statute found at 60-6,196. One major difference is that the city DUI ordinance does apply to private property. You can be convicted of DUI while sitting in your own driveway.

If you are charged with a DUI in Omaha, I am here to help. I have handled hundreds of DUI cases in Omaha and have developed positive working relationships with the City Prosecutors since 1995. Contact an experienced Omaha DUI lawyer for a free consultation. I will handle you case personally and with care.