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What Happens If I'm Charged With A DUI In A School Zone In Omaha?
Under Nebraska state law, a Driving Under the Influence (DUI) conviction has serious consequences like heavy fines, the loss of your driver's license, and jail time. These penalties are even more significant if Douglas County Courts convict you of a DUI with aggravating factors like driving in a school zone. Nebraska law defines aggravating factors as circumstances that increase the severity of a legal offense. Driving in a school zone is an aggravating factor because it puts children at risk, making the offense more dangerous and legally serious.
When you face charges for a DUI in a school zone, you do not want to face them alone. You need a trusted Omaha DUI attorney at your side. With decades of defending Omahans against DUI charges, our team has the local experience and knowledge to resolve your case successfully. Contact us now for a free consultation with our qualified DUI defense attorneys.
What Is Driving Under The Influence (DUI) In Omaha?
Under Nebraska state law, a DUI is a legal charge for driving, operating, or being in the physical control of a vehicle while intoxicated or impaired by alcohol. In Omaha, a driver is legally impaired if field sobriety tests (FST) find a Blood Alcohol Concentration (BAC) of 0.08% or higher. In simple terms, that's about one beer for most people. The DUI laws are even more strict for commercial drivers who face DUI charges if they have a BAC of 0.04%. Nebraska also has a no-tolerance policy for drivers under the legal age of alcohol consumption. Any measurable BAC for drivers under 21 results in an instant DUI charge.
Further, Nebraska law does not require proof of impaired driving. Law enforcement can issue a per se DUI based solely on BAC levels. In other words, if a driver's BAC exceeds Nebraska's legal limit, they can be charged with DUI without any further evidence of impaired driving behavior. Additionally, actual physical control means you don't even have to be driving. Merely being inside a motor vehicle with the ability to operate it (such as having the keys in your pocket) can lead to a DUI charge from Omaha law enforcement.
What Is A School Zone In Omaha?
In Omaha, a school zone is a defined territory near and around a school where specific traffic laws apply to protect children, such as reduced speed limits. Under Nebraska law, school zones are marked by signs indicating reduced speed limits, often as low as 20 mph, during certain hours when children are likely to be arriving or leaving school. School zones in Omaha are further enforced within a 500 to 1,000-foot radius of the school grounds, but the exact boundaries may vary depending on the specific neighborhood.
The City of Omaha established school zones because children are still learning the dangers of traffic. So, they often have difficulty judging traffic or recognizing the risks posed by moving vehicles, especially when distracted or in groups near schools. In these areas, drivers need to be even more cautious, as kids may suddenly run into the street or cross without looking. When a driver is under the influence, their reaction time, coordination, and judgment are significantly impaired, making it much harder to respond quickly in a school zone. As a result, Nebraska law treats DUI offenses in school zones as aggravated charges. So, the Douglas County Courts imposed harsher penalties to reflect the higher risk to young, vulnerable pedestrians.
What Are The Penalties For A DUI In A School Zone In Omaha?
In Omaha, the penalties for a DUI in a school zone are significantly harsher than those for a regular DUI due to the added danger posed to children and others in the area. Under Nebraska state law, the standard penalties for a DUI can include up to 60 days in prison, fines of up to $500, and a six-month license suspension for a first offense. However, if the DUI occurs in a school zone, the penalties are heightened, with possible fines of up to $1,000, longer license suspensions, and the potential for up to 90 days in jail. Courts may also sentence community service and alcohol education programs.
Additionally, a school zone DUI can also result in a mandatory minimum sentence. Repeat offenders, those with higher BAC levels, and those facing additional aggravating factors (such as an accident or injury) could face even more severe consequences, including felony charges, longer jail sentences, and permanent license revocation. With penalties this steep for conviction, you need Omaha's best DUI attorney by your side.
Our Omaha-based DUI attorneys will examine every detail of your case to challenge the evidence, negotiate reduced penalties, and explore alternative sentencing options. Our goal is to get your DUI charges lowered or dropped entirely. Call our Omaha law offices now for a free case review with an experienced Omaha DUI defense attorney.
What Happens At Trial For A DUI In A School Zone?
If you go to trial for a DUI in a school zone, your Omaha DUI lawyer will take you through the specific steps of your unique case. However, here is what generally what you can expect to happen:
1. Pretrial Hearings
Before your case goes to trial, you'll attend pretrial hearings at either the Douglas County Courthouse downtown. The address is:
Douglas County Courthouse
1701 Farnam Street,
Omaha, NE 68183
At your pretrial hearings, your DUI attorney will file motions to request evidence, challenge the legality of the traffic stop, or file for dismissal if there's an issue with how the courts handle the case. During pretrial hearings, your DUI defense attorney will identify any problems with the Douglas County prosecution's case, especially regarding the school zone designation. Your DUI lawyer may also discuss the possibility of a plea agreement.
2. Jury Selection
If your case goes to trial in Omaha, jury selection will take place at the Douglas County Courthouse. Your attorney will carefully question potential jurors to ensure they have no bias or preconceived notions, especially about DUI laws and school safety.
3. The Trial Begins With Opening Statements
At the start of the trial, both your Omaha DUI attorney and the prosecution will make their opening statements. The prosecution will outline the charges, explaining how you were allegedly driving under the influence in a school zone, and they will introduce the evidence they plan to use, such as witness testimony, police reports, and BAC test results. Your DUI defense attorney will provide a counter-opening statement to challenge the accuracy of the BAC test, question the legality of the stop, or dispute the school zone designation.
4. The Douglas County Prosecutor Presents Their Evidence
Next, the prosecution will then present their case, which may include:
Officer testimony explaining the circumstances surrounding your traffic stop in the school zone.
BAC results (blood or breath test), which the prosecution will try to use to prove your impairment.
Witness statements, such as other drivers or pedestrians who might have seen your driving behavior.
Your defense attorney will cross-examine each of the prosecution's witnesses, focusing on any inconsistencies in their testimony or evidence that might suggest you were not impaired or that the school zone sign wasn't clearly visible. For example, your attorney might argue that the officer had no valid reason to stop you in the first place or that the school zone signage was confusing.
5. You Omaha DUI Defense Lawyer Presents Your Case
After the Douglas County prosecution rests its case, your defense attorney will present evidence in your favor, including:
Expert testimony challenged the BAC results, especially if there were irregularities in how law enforcement administered the test.
Eyewitness testimony that counters the police officer's account of your behavior or testimony about how the school zone itself was poorly marked.
Your testimony, where your attorney will help you explain the circumstances, particularly if you weren't aware of driving in a school zone or were not impaired by alcohol.
Your DUI attorney will cast doubt on the prosecution's case and challenge the notion your actions put children at risk.
6. The Attorneys Make Their Closing Statements
After both sides have presented their evidence, the closing arguments will follow. The prosecution will recap the evidence they believe proves you were driving under the influence in a school zone, emphasizing the increased risks of impaired driving in areas where children are present. Your defense attorney will counter with a recap of how the evidence does not prove beyond a reasonable doubt you were impaired or that the school zone designation was valid.
7. Jury Deliberation And Verdict
After the legal teams finish their arguments, the jury deliberates in private to decide if you are guilty or not guilty. If the jury finds you are not guilty, the courts will acquit you of the charges, and you will be free to go. If they find you guilty, sentencing will follow.
8. Sentencing Hearing
At your sentencing hearing, the judge will impose the penalties for your DUI, including:
Fines And Costs: During sentencing, the judge will explain the fines you need to pay. In Omaha, DUI fines range from hundreds to thousands of dollars. You will also be responsible for court fees and any costs associated with your legal proceedings.
Jail Or Probation: If the judge sentences you to jail time, you could be taken directly into custody after the hearing. For a first offense, jail time might be less common, but for aggravated DUIs or repeat offenses, it's possible. Alternatively, you might be placed on probation or receive other forms of sentencing, like community service.
Driver's License Suspension: In most DUI cases, the court will suspend your driver's license. The length of your driver's license suspension depends on factors like whether you took or refused the breathalyzer test and the severity of your offense.
9. Post-Sentencing
After sentencing, if the judge orders you to pay a fine or attend alcohol education classes, you'll need to follow through on those requirements. If you have jail time, law enforcement will take you to jail, or if the judge ordered probation, you'll need to comply with probation conditions set by the court.
In court, our DUI attorneys aggressively defend your rights, challenging the prosecution's case at every turn. Whether we question evidence, cross-examine witnesses, or negotiate for reduced penalties, we fight to protect your future. If you're facing a DUI charge, don't face Douglas County Courts alone. Call us today for a strong defense.
How Can I Defend Myself Against A DUI?
If you're facing a DUI charge in a school zone, you need to work with Omaha's top-rated legal team. Our experienced Omaha defense attorneys specialize in DUI cases. We know what defenses sway the Douglas County prosecution and judges. Here are some of the potential defenses we will explore for your case:
Improperly Administered FST: If the Omaha law enforcement officer did not properly dispense the FST, or if law enforcement conducted the tests in an environment that compromised accuracy, like uneven pavement or harsh weather, it could be grounds for challenging the DUI charge.
Faulty Breathalyzer Or Blood Test Results: If the equipment used to test your BAC was not properly calibrated or maintained, the results could be unreliable. Your Omaha DUI attorney can investigate this and challenge the validity of the test.
Lack Of Probable Cause For The Stop: If the officer did not have a valid reason to stop you in the first place, any evidence obtained after the stop may be inadmissible. Your Omaha attorney will review the circumstances surrounding the stop to determine if this is a valid defense.
Inaccurate School Zone Designation: In some cases, the city may not have properly marked the school zone, or you may not have been within the zone when the alleged offense occurred. Your defense attorney will investigate whether the city accurately classified the in question as a school zone.
Faulty Traffic Signal Or Signage: If the school zone signs or traffic signals were not visible or malfunctioned, it may be possible to argue that you did not know you were in a school zone at the time of the offense.
Violation Of Your Rights During Arrest: If your Omaha police violated your rights during the arrest, such as not being read your Miranda rights or being coerced into a confession, your Omaha attorney may be able to have the charges reduced or dismissed.
Beating a DUI charge takes more than just representing you in court. We build a strategic defense designed to weaken the prosecution's case and maximize your chances of a reduced sentence or dismissal. Talk to us now and take the first step toward fighting your Omaha DUI.
How To Hire The Best DUI Lawyer Near Me
When facing a DUI charge in a school zone, experience matters, and so does local knowledge. A local Omaha DUI defense attorney who knows the ins and outs of Nebraska law and the local court system can be a game-changer. If you're wondering how to hire a DUI lawyer near me, here are our top tips for finding a knowledgeable legal expert:
Look For Specialized DUI Experience: Choose an attorney who specifically handles DUI cases, particularly those involving aggravated factors like school zones. They'll bring more knowledge and experience to your case.
Find A Legal Team With Local Knowledge: Local Omaha attorneys have a better understanding of how Omaha courts handle DUI cases. We know how specific judges typically rule on DUI cases, what evidence prosecutors prioritize, and how the Douglas County court system handles aggravated DUI charges.
Read Client Testimonials: Look for Omaha-based attorneys with positive reviews from past clients. Reviews give you insight into the attorney's local track record and how they advocate for clients facing similar charges.
Assess The Attorney's Communication And Availability: Your defense attorney should be responsive to your inquiries and make time for you. If a prospective attorney doesn't offer great communication immediately, you need to find a different option.
Understand Their Approach To DUI Defense: Ask about their defense strategies for handling DUI charges. An experienced Omaha defense attorney will be able to explain exactly how they would approach your specific case.
Evaluate Their Record of Results: Look for an attorney with a proven history of success in DUI cases in Omaha. Experienced, winning attorneys in Omaha are more likely to achieve a favorable case outcome, whether it's a reduced sentence or dismissal of charges.
Consider Their Fees And Payment Structure: Make sure you understand their fee structure upfront. Choose an attorney who offers fair, transparent pricing with no hidden fees. The right Omaha attorney will help you weigh the cost against the potential outcome.
When you need Omaha's top DUI attorneys in your corner, our award-winning legal team is ready to fight for you. Our DUI defense team knows Nebraska's legal system inside and out, giving you the edge you need. With years of experience winning tough cases, strong relationships across Omaha's legal community, and the negotiation skills to reduce or even dismiss charges, we fight to protect your future. Call our winning DUI lawyers now for a free case review.
Omaha's Top-Rated DUI Defense Attorneys Are On The Case
Whether you enjoy an expertly crafted cocktail, a locally brewed IPA, or a rich pinot, Omaha offers incredible food and beverage experiences. With fun districts like the Old Market, Dundee, Benson, and Blackstone District, there are many places to gather for drinks with friends. On top of that, events like the College World Series, Omaha's Oktoberfest, and the River City Rodeo, you can find something fun to do in the metro area every day.
With so many great things to do, it is common for Omahans to overindulge and find themselves in the custody of law enforcement. Furthermore, Omaha does not offer the best public transportation options, especially out to places like Elkhorn, Millard, or Bennington, often leading responsible people to feel like they have no option but to drive home. Even Omahans who try to do the responsible thing and sleep in their cars can face DUI charges.
Unfortunately, having physical control of a vehicle while under the influence puts you and others at serious risk. In response, Nebraska's DUI laws are very strict. If law enforcement catches you driving while impaired by alcohol, especially in an Omaha school zone where you put children at risk, you will face very serious penalties.
When everything is on the line, you need a defense team you can trust. Omaha's top DUI attorneys have spent years protecting people just like you, using our legal knowledge, courtroom connections, and negotiation skills to win cases. Our reputation speaks for itself. We are highly respected, experienced, and ready to fight for your future. Call our Omaha law offices today, and let's start building your defense.
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