In many states, driving under the influence (DUI) and driving while intoxicated (DWI) can be used interchangeably, while in some, a DUI and a DWI are slightly different offenses for driving while drunk or on drugs. In any case, DUI vs DWI in Nebraska both mean that a driver is being charged with a serious offense that risked the health and safety of himself and others. They can apply not only to alcohol and recreational drugs but also to driving when your prescription drugs impair your abilities. It’s also important to understand that one is not worse than the other and that both can have a big effect on your life.
Difference Between DUI vs DWI in Nebraska | DWI Lawyers Omaha, Nebraska
Each of these charges means the driver was exhibiting dangerous behavior while behind the wheel of a car. A driver can be charged with a DUI or DWI after failing a field sobriety test, even with a BAC below the state’s legal limit. The location of the offense has a major impact on the legal outcome, as states with zero-tolerance policies may not differentiate between DUI and DWI violations.
There are several phrases commonly used to describe the criminal act of driving under the influence of drugs or alcohol. These phrases have been shortened to the following acronyms:
- DUI – driving under the influence
- DWI – driving while impaired/intoxicated
- OMWI or OMVWI – operating a motor vehicle while impaired/intoxicated
DUI and DWI are the most commonly used acronyms, and are interchangeable in most states including Nebraska. While people use variations of these acronyms, the Nebraska Revised Statute 60-6,197.03 refers to the offense as, “Driving under the influence of alcoholic liquor or drugs.” Therefore, the only legal term is DUI.
Cited or Arrested DUI Lawyers Omaha, Nebraska
If you’re suspected of driving under the influence (DUI) in Omaha, there are two laws you can be cited or arrested under: the Nebraska Revised Statute 60-6,197 and the Omaha Municipal Code, Section 36-115.
The Nebraska Revised statute applies to the entire state of Nebraska. The state law covers cities like (city, city, city) that lack city ordinances for driving under the influence. Section 6,196 of this statute describes the penalties for driving under the influence of alcohol or drugs.
Section 6,196 begins:
- It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:
- While under the influence of alcoholic liquor or of any drug;
- When such a person has a concentration of eight-hundredths of one gram of more by weight of alcohol per one hundred milliliters of his or her blood; or
- When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.
- Any person who operates or is in the actual physical control of any motor vehicle while in a condition described in subsection (1) of this section shall be guilty of a crime and upon conviction punished as provided in sections 60-6,197.02 to 60-6,197.08.
The Omaha Municipal Code applies only when you’ve been pulled over within Omaha city limits. If you don’t understand the law you were arrested under in Omaha, contact us, the best DUI lawyers in Omaha, and ask for a detailed explanation. We will be able to explain it to you and answer any questions you may have to clarify the details of your situation.
Are DUI vs DWI Penalties Different in Omaha, Nebraska?
There isn’t much of a difference between being cited or arrested under either law; the penalties are the same, and if you happen to be charged with a felony DUI, Nebraska’s state statute will apply regardless of where you were arrested. While there isn’t a difference between a DUI or DWI, there are differences between driving under the influence of drugs and driving under the influence of alcohol.
In both cases, when pulled over, you’ll be asked to exit your vehicle to perform a series of field sobriety tests. The officer is looking for impaired coordination, memory, and to see how well you follow directions. Failing these tests will result in your arrest. Once you complete the field sobriety tests, you’ll be asked to take a chemical test. This is where drunk driving and drugged driving differ.
Facing DUI Convictions or DWI charges? Take your situation seriously
If you’ve been arrested for drinking and driving DUI in Omaha, you’re facing serious criminal charges. Take your situation seriously. A DUI isn’t a charge you can wiggle your way out of, but a good lawyer will know how to get you the lightest sentence possible. If you haven’t contacted a DUI lawyer already, do so as soon as possible. The court system is far too complex to navigate alone. You need an experienced advocate who knows the system inside and out.
Law Office of Julie Fowler, PC, LLO DUI Lawyers Omaha
At Fowler & Kelly Law, L.L.P., we provide knowledgeable, aggressive and informed legal advice for you DUI/OWI defense. As an experience DWI Lawyers in Omaha, we can:
- Protect your driving privileges
- Minimize the impact a DUI/OWI has on your life
- Inform you of your options
Avoid making mistakes and protect your license and your ability to drive. Once we begin representing you, the authorities may only communicate with you through us or while we are present. This ensures you will not hurt your case by making an inadvertent admission. Our personalized service allows our clients to make informed decisions that are in their best interests. Contact our office today.
We serve clients in Omaha, Council Bluffs, Lincoln, Fremont and all other areas throughout the eastern part of Nebraska and the western parts of Iowa. Other cities include Blair, Bellevue, Glenwood, Papillion, Plattsmouth, La Vista, West Point, Red Oak, Atlantic and Missouri Valley.