Do I Need a DUI Lawyer for a First Offense DUI in Nebraska?

It depends.  It depends on the facts surrounding your DUI and the county in which you were arrested.  If you have a typical first offense DUI with no accident and a normal blood alcohol level, it comes down to where you are arrested and how big of a gambler you are.  In most counties, you will receive probation for a first offense DUI unless you have a history of substance abuse or there are bad facts surrounding your arrest.  However, with that said, judges and lawmakers are cracking down more and more each year.  If you want to make sure you receive the best result possible, you are always better off with legal representation.

In Sarpy County, the prosecutor’s office typically offers Diversion for first offense DUI’s as long as the defendant did not refuse the breath test.  So, if you are arrested for your first DUI in Sarpy County, Nebraska, you likely do not need a lawyer unless you caused an accident or you refused to cooperate with the police during your arrest.

In other counties, including Douglas County (Omaha), Diversion is NOT allowed for any DUI offenses.  If you have been charged with Driving Under the Influence in Omaha, Nebraska, you are better off hiring a lawyer.  As mentioned above, assuming you do not have a history of alcohol abuse, and assuming you did not cause an accident, you will likely receive probation on a first offense DUI.  What a lawyer will do is make sure that you receive the best plea agreement possible and help walk you though the process.  Depending on why your vehicle was stopped and witness cooperation, a DUI attorney can sometimes even negotiate a reduced charge of Reckless Driving.

If you do not have the money to hire your own attorney, request one from the Court.  Driving Under the Influence is a serious offense, and it is best to at least consult with an attorney before entering a guilty plea in a DUI case.