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RobertJDFL, Lawyer
Category: Criminal Law
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I was cited for a 2 offenses the other night. A 2nd DUI, BAC

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I was cited for a 2 offenses the other night. A 2nd DUI, BAC .232 as well as driving while on revocation. I just hired an attorney who came highly recommended by my uncle. I have been doing a lot of research today on this and it appears that it is referenced as an AUO-1st offense. Will it be possible to avoid jail time and receive probation/house arrest/community service hours/ fines/ etc.?
Thank you for your question.

The AUO is for driving on a revoked licensed, and a first offense is a Class III misdemeanor, and carries a penalty of an additional one year suspension of your license and prohibition of driving your vehicle. You can read that code here, in case you have not already seen it. While a class III misdemeanor also carries a possible 3 months in jail and/or a $500 fine, it is not a mandatory sentence, meaning the judge could give you a fine and/or probation instead.

The DUI is the bigger concern. If this is your second within 15 years (which is the lookback period in Nebraska), because of the high BAC, you are looking at a minimum mandatory 90 days in jail and up to a year in jail, plus a substantial fine.

Depending on the evidence in the case, your attorney may suggest taking the case to trial. Alternatively, they may be able to negotiate with the prosecutor to get your charges downgraded to something less severe, or get you something like electronic monitoring/home confinement or weekend jail. Those are all possibilities, but understand that going into it right now (before your lawyer has seen the case or done any work), a conviction on the DUI charge means a minimum 3 months in jail.

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