The DUI Process in Nebraska

In a typical Driving Under the Influence (DUI) case, there are 5 general steps to a DUI case, which include the following:

  1. Arrest: In most cases, a DUI arrest is made at the time of the commission of the alleged crime, or shortly thereafter. However, it is possible that a DUI arrest can be made following a criminal investigation. Following arrest, a DUI defendant will typically be transported to the local county jail until they are able to bond out. A bond amount will be set following arrival at the county jail.

  2. Arraignment: During arraignment, the judge will explain the charges filed against you and what your rights are in your DUI case. You will also enter your initial plea in the case, and if you are still incarcerated, the judge may discuss your bond amount, which could potentially be reduced.

  3. Discovery: During this portion of your DUI case, both the Prosecution and your Defense Counsel will exchange evidence and information regarding the case with each other.

  4. Plea Negotiations: the Prosecutor is likely going to offer some form of plea agreements during your DUI case. Generally, a plea agreements requires you to plead guilty or no contest in exchange for a reduction in charges, and/or a recommendation for sentence. In the event that your end goal is trying to work out a favorable plea agreement, your attorney may enter into plea negotiations on your behalf with the Prosecutor.

  5. Trial: If your case is not resolved through a plea agreement, it will ultimately proceed toward a trial. In a DUI case, you have the right to a trial by jury, but you also have the right to waive a jury trial and have the judge presiding over your case acting as the jury.

If you have been accused of Driving Under the Influence, take steps to give yourself Peace of Mind today by contacting Clinch Law Firm, LLC to schedule a free consultation at our York, Nebraska office.

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