A DUI is a serious charge no matter what state you live in. With strict enforcement by way of thousands of dollars in fines, jail time and license suspension, fighting an impairment charge is no picnic in the park. In Nebraska you can expect to spend seven days in jail for a first-time offense, making Nebraska one of the fiercest in this portion of DUI law.
According to Nebraska law, a person unlawfully charged with errors made by law enforcement has a legal right to file a petition with the district court through the county in which the charge happened. With the help of your Omaha DUI attorney, the petition can be reviewed by the court to assess the circumstances of your arrest. If, in fact, law enforcement violated your legal rights and made errors in your arrest, your DUI charges could be expunged. This, however, is a complex transaction and requires the help of a DUI attorney to finesse.
Expunging a DUI record may not completely vanish from the cyber world. In fact, with all the databases available via the Internet, your record could still be viewed and while it’s possible to expunge a DUI, subsequent violations could put into place harsher penalties and punishment. This is because law enforcement could access the record of the expunged DUI charge if you get subsequent ones and the prosecution could factor in these previous convictions when doling out fines and jail-time.
Talking to an experienced Omaha DUI attorney is vital to explain these options and guide your case to the most reasonable conclusion. Expunging a DUI charge requires a well-thought defense only a skilled Omaha DUI attorney can provide.