Omaha Criminal Defense Lawyers

Arrested or charged in Omaha? Call to talk with a local criminal defense lawyer.

Below: what happens next in Douglas County, from bail to the 10-day DUI deadline. General information, not legal advice. Last updated October 2, 2026.

Right after an arrest in Omaha

1. DUI arrest: you have 10 days. To fight the automatic license revocation, a petition for a hearing has to reach the Nebraska DMV, or be postmarked, within 10 days of the arrest. Miss it and the license is revoked 15 days after the arrest (Neb. Rev. Stat. 60-498.01). This deadline is separate from the criminal case.
2. Bail. Nebraska lets you deposit 10% of the bond amount in cash with the clerk instead of the full amount. When every required court date is kept, 90% of that deposit comes back and the clerk keeps 10% as costs, with a $25 minimum deposit. If charges are never filed, the full deposit is returned (29-901).
3. Can't afford a lawyer? Ask the judge for a public defender at your first appearance. You'll sign an affidavit about your finances, and in Douglas County the Public Defender's office gets the case first unless it has a conflict.

Douglas County Public Defender: 1717 Harney St, Room 500, Omaha. Main line (402) 444-7175, misdemeanor line (402) 444-7376, Spanish line (402) 444-3944. Weekdays 8 a.m. to 5 p.m.

Which court handles your case

Both criminal courts in Omaha are in the Hall of Justice, 1701 Farnam St.

• Douglas County Court, 2nd floor, (402) 444-5387: misdemeanors, first appearances (arraignments) and preliminary hearings in felony cases.
• Douglas County District Court, 5th floor, (402) 444-7018: felony trials.

A felony usually starts in County Court and moves up to District Court after the preliminary hearing.

What the charge class means

Nebraska sets the maximum penalty by class. These are the ceilings, not what most people get.

Sources: Neb. Rev. Stat. 28-106 (misdemeanors) and 28-105 (felonies). Higher felony classes carry longer sentences.

First-offense DUI in Nebraska

A first DUI with a blood alcohol level from .08 to .149 is a Class W misdemeanor. If the court grants probation, the law requires a $500 fine plus either 2 days in jail or 120 hours of community service, a 6-month license revocation, and an ignition interlock device. At .15 or higher, the revocation runs a full year and the minimum penalties go up (60-6,197.03). Reinstating a license after revocation costs $125.

Two tracks run at the same time: the criminal case in County Court and the administrative license case with the DMV. The 10-day hearing deadline above belongs to the second one.

Clearing a record later

• Arrest records that never became a conviction come off the public record on their own: one year after the arrest if no charges were filed, two years after if you finished diversion, and right away after a dismissal or acquittal. Cases dismissed before January 1, 2017 need a motion to the court (29-3523).
• Set-aside. After finishing probation, paying a fine-only sentence or serving a short sentence, you can ask the court that sentenced you to set the conviction aside, which nullifies it and restores civil rights it took away (29-2264).

Choosing a lawyer

• Check the lawyer's license and any discipline on the Nebraska Supreme Court attorney search.
• Ask who will actually handle your case and appear in court, and whether the fee is flat or hourly and what it covers (trial, the DMV hearing, appeals).
• Ask how many cases like yours they've handled in Douglas County Court or District Court this year.

Sources

1. Nebraska Revised Statutes 60-498.01, 29-901, 28-105, 28-106, 60-6,197.03, 29-3523 and 29-2264.
2. Nebraska Judicial Branch, Douglas County Court and Douglas County District Court; local rule on appointed counsel.
3. Douglas County Public Defender.