Aggravated DUI Attorney in Lincoln, Nebraska
Trial-Ready Criminal Defense for Aggravated DUI Charges in Lancaster County
An aggravated DUI charge in Nebraska is more serious than a standard DUI, and the window to protect your rights starts closing the moment you’re arrested. Nebraska’s Administrative License Revocation process gives you just 10 days to request a hearing before your license is automatically suspended. At Glasz Law, we’ve been defending clients against criminal charges in Lincoln since 2016, and we’re available around the clock to take your call.
Free consultations are available by phone, in person at either of our Lincoln offices, or virtually at your convenience. If you’re facing aggravated DUI charges in Lincoln or Lancaster County, don’t wait.
Contact Glasz Law now at (402) 624-4637 to speak with a Lincoln aggravated DUI attorney about protecting your driving privileges before the 10-day ALR deadline passes.
What Makes a DUI “Aggravated” in Nebraska
Nebraska law classifies a DUI as aggravated when a driver’s blood alcohol concentration (BAC) measures 0.15% or higher at the time of testing, as established under Nebraska Revised Statute 60-6,197.03. A standard DUI threshold is 0.08%, so the aggravated designation reflects a BAC that is nearly double that level. The distinction matters because it triggers a separate sentencing structure with mandatory minimums that judges can’t reduce below.
BAC isn’t the only path to an aggravated charge. Other circumstances that can elevate a DUI under Nebraska law include:
- Having a minor passenger in the vehicle at the time of the offense
- Causing serious bodily injury to another person while impaired
- Driving on a suspended or revoked license when the DUI occurs
Nebraska treats certain aggravating factors as grounds for separate charges, meaning a single incident can produce multiple counts. Every conviction also falls within Nebraska’s 15-year lookback period, so prior DUI convictions resolved years ago can still elevate a new charge to a higher offense tier. Nebraska significantly limits plea bargaining on DUI charges, which makes the strength of your defense strategy an important factor in how a case resolves.
Aggravated DUI Penalties Under Nebraska Law
The penalties below reflect what Nebraska statute provides for aggravated DUI convictions. Actual outcomes depend on case-specific facts and how the defense is handled.
First Offense (BAC 0.15%+)
If probation is granted: a $500 fine, 1-year license revocation, and either 2 days in jail or 120 hours of community service. A straight sentence carries 7 to 60 days in jail.
Second Offense Within 15 Years
A mandatory minimum of 90 days in jail, which may be reduced to 30 days if probation is granted, plus a license revocation of 1 to 15 years.
Third Offense Within 15 Years
A Class IIIA felony carrying up to 3 years in prison, fines between $1,000 and $10,000, and a license revocation of 5 to 15 years.
Fourth or Subsequent Offense Within 15 Years
Under Nebraska Revised Statute 60-6,197.03, a fourth offense is a Class IIIA felony carrying 180 days to 3 years in prison and a 15-year license revocation. When the offense also involves a BAC of 0.15% or higher, it escalates to a Class IIA felony carrying up to 20 years in prison. Causing serious bodily injury while driving under the influence can be charged as a Class IIIA felony under a separate statute, regardless of prior conviction history.
Most aggravated DUI convictions also require installation of an ignition interlock device (IID) as a condition of any restricted driving permit issued during the revocation period. A misdemeanor conviction may be eligible for a limited set-aside, but felony DUI convictions remain permanently on the criminal record.
How We Approach Aggravated DUI Defense
Every aggravated DUI case begins with a close review of how the stop was initiated, how field sobriety testing was conducted, and whether the chemical testing equipment was properly calibrated and certified. Officers are required to follow National Highway Traffic Safety Administration (NHTSA) protocols when administering field sobriety tests, and deviations from those procedures can affect the reliability of the evidence against you. Nebraska law also sets specific requirements for chemical testing; if those procedures weren’t followed, BAC results may be open to challenge.
At Glasz Law, we build a defense around the specific facts of your case, not a generic playbook. We’re trial-ready, which means we prepare every case as though it may go before a judge or jury. Because Nebraska significantly limits plea bargaining in DUI cases, we focus on challenging the evidence, managing procedural timelines, and positioning each client for the best realistic outcome the facts allow.
The ALR process and the criminal case run on separate legal tracks, and we handle both simultaneously. Filing the ALR hearing request within the 10-day window can preserve your ability to drive while we build your criminal defense. Missing that deadline means automatic revocation before your case is ever heard.
Why Lincoln Clients Choose Glasz Law
Glasz Law has served Nebraskans across criminal defense, family law, personal injury, and workers’ compensation matters since 2016. We have two office locations in Lincoln and one in Omaha, giving Lancaster County clients convenient access to in-person meetings. We treat every aggravated DUI case as its own situation with its own facts, pressures, and goals, and our team maintains responsive communication throughout, keeping you informed of deadlines, hearings, and what comes next. If you’re looking for a Lincoln aggravated DUI attorney who is prepared to go to trial when that’s what your case requires, we’re ready to talk.
How Aggravated DUI Cases Move Through Lancaster County Courts
An aggravated DUI arrest in Lincoln sets two processes in motion simultaneously. The Nebraska DMV’s Administrative License Revocation process runs independently of the criminal case in Lancaster County District Court, and each track has its own deadlines. The ALR hearing request must reach the DMV within 10 days of arrest. Miss that window and your license is revoked automatically, regardless of how the criminal case ultimately resolves.
Lancaster County prosecutors pursue aggravated DUI charges aggressively and enforce mandatory minimum sentences. The local court system follows a fixed calendar for arraignments, motion hearings, and sentencing, and familiarity with that calendar helps defense counsel meet deadlines without procedural missteps. Lincoln law enforcement also increases DUI patrols during University of Nebraska events, major holidays, and other high-traffic periods, which contributes to arrest rates in the area.
Nebraska’s implied consent law comes into play at the arrest stage as well. Drivers lawfully arrested for DUI are required to submit to chemical testing. Refusal triggers a separate 1-year administrative license revocation and may be introduced as evidence in the criminal case. Our familiarity with Lancaster County courts and how local prosecutors approach these cases directly shapes the defense strategies we build for our clients here.
Start Your Defense Before the 10-Day Deadline
The days immediately following an aggravated DUI arrest are the most consequential for your case. Requesting the ALR hearing within 10 days, preserving evidence, and beginning to examine the traffic stop and chemical testing record all happen in a narrow window. Acting quickly keeps your options open.
Glasz Law offers free consultations by phone, in person at either of our Lincoln offices, or virtually. We’re available 24/7 to take your call.
Reach our Lincoln aggravated DUI attorney team now at (402) 624-4637 to schedule your free case evaluation.
"The communication we received was outstanding."Nick was amazing working with us through this process. The communication we received was outstanding. Nick always returned calls and messages and always kept us informed with everything to do with the case. Nick was able to get us EVERYTHING we asked for. We highly recommended him and would use him again in a heartbeat.
- Matt C.
