1. Olsen Law Offices, P.C., L.L.O.
Focus Area: Criminal defense with 36+ years experience and former prosecutor background
Practice Areas: Drug charges, DUI/DWI, weapons violations, firearms offenses, sex crimes, federal crimes
Background: Attorney Tom Olsen is a former Assistant State Attorney General and former Assistant Omaha City Prosecutor with over three decades of trial experience. His entire law practice is 100% devoted to criminal defense, and he is an expert in criminal defense matters including state and federal drug charges and DUI/DWI. He has represented thousands of clients facing serious criminal charges. The firm particularly handles cases involving out-of-state residents arrested for drug crimes on Interstate 80, which has become a target for law enforcement due to marijuana transport from Colorado.
Location: 209 S. 19th Street, Suite 525, Omaha, NE 68102 (also office in Lincoln)
Contact: (402) 598-5789 | https://www.olsenlawomaha.com/
Consultation: Free consultation available
2. Dornan Law Team
Focus Area: Criminal defense with team of experienced attorneys
Practice Areas: DUI, drug possession, shoplifting, marijuana possession, vehicular homicide, sexual assault, assault, theft
Background: Dornan Law Team’s attorneys have a proven history of positive outcomes including dismissals, not-guilty verdicts, significant settlements, and fair agreements. The firm includes attorneys Stuart J. Dornan, Joseph L. Howard, William P. Kitchell, Jason E. Troia, Sean M. Conway, and Mallory N. Hughes. The firm provides free initial consultations to help clients understand how Nebraska law applies to their situation and their options for moving forward. The firm’s criminal defense lawyers will aggressively fight to protect rights, combat charges, and work towards minimizing or eliminating potential consequences.
Location: 1403 Farnam St., Omaha, Nebraska
Contact: (402) 884-7044 | https://dltlawyers.com/
Consultation: Free initial consultation available
3. Michael J. Fitzpatrick, Attorney at Law
Focus Area: Criminal defense with unique former police officer and prosecutor background
Practice Areas: DUI, misdemeanors, felonies, white-collar crimes, assault, drug crimes
Background: Michael J. Fitzpatrick is a former police officer and former city and county prosecutor who knows criminal cases from both sides. He is the only local attorney certified in field sobriety training and breathalyzer testing, giving him deep understanding of DUI arrest circumstances. With more than two decades of legal insight, the firm has experience working with judges throughout Douglas, Sarpy, and surrounding counties. Attorney Fitzpatrick is highly regarded by the local legal community. The firm’s experience is considered unmatched in Nebraska.
Location: Omaha, Nebraska (serves Douglas, Sarpy, and surrounding counties)
Contact: (402) 809-5008 | https://www.omahadefense.com/
Consultation: Free case consultation available
4. Glasz Law
Focus Area: Criminal defense with 24/7 availability and strong client communication
Practice Areas: DUI, drug crimes, assault, theft, violent crimes, sex crimes, domestic violence
Background: Since the firm’s founding in 2016, Glasz Law has sought to build its reputation on honesty, integrity, and results. The firm has helped thousands of clients in all types of criminal defense cases, providing aggressive advocacy and personalized attention. Throughout the legal process, the Omaha criminal defense lawyers remain consistently available to answer questions and address concerns. The office is available 24/7, and the team prioritizes getting back to clients as quickly as possible. The firm prides itself on commitment to communication, accessibility, and integrity.
Location: Omaha, Nebraska (serves Eastern Nebraska)
Contact: (402) 624-4637 | https://www.glaszlaw.com/
Consultation: Free and confidential consultation available
5. McGoughLaw P.C. L.L.O.
Focus Area: Criminal defense with team approach and trial-ready reputation
Practice Areas: Sexual assault, DUI, drug crimes, assault, theft, federal crimes, violent crimes
Background: McGoughLaw P.C. L.L.O. emphasizes aggressive representation and achieving success at trial. The prosecution knows which attorneys go to trial and which do not, and the firm has a reputation for representing clients aggressively. The firm does not assign a single lawyer; instead, a whole team works on each defense. Every team member knows what is happening with each case, allowing quick responses to client questions. The team approach allows viewing cases from every angle, gaining important insight from every perspective. The firm reviews all evidence and investigates every possible defense. They represent clients throughout Nebraska and in federal courts in Council Bluffs, Sioux City, and Des Moines, Iowa.
Location: Omaha, Nebraska (serves Nebraska and federal courts in Iowa)
Contact: (402) 614-8655 | https://www.mcgoughlaw.com/
Consultation: Confidential consultation available
Criminal Defense Laws in Nebraska
Felony Classifications
Nebraska classifies felonies into nine categories:
Class I Felony: First-degree murder. Penalty is life imprisonment (Nebraska abolished the death penalty in 2015, reinstated in 2016, but no executions have occurred since 2018).
Class IA Felony: Second-degree murder, sexual assault in the first degree. Penalty is life imprisonment.
Class IB Felony: Includes kidnapping and some drug trafficking offenses. Penalty is 20 years to life.
Class IC Felony: Includes use of firearm to commit felony. Penalty is 5-50 years mandatory minimum.
Class ID Felony: Includes first-degree assault, manufacturing methamphetamine. Penalty is 3-50 years.
Class IIA Felony: Includes robbery, sexual assault of a child in the second degree. Penalty is 0-20 years.
Class II Felony: Includes second-degree assault, theft over $5,000. Penalty is 1-50 years.
Class III Felony: Includes third-degree assault, stalking, possession of controlled substance (first offense). Penalty is 0-4 years and/or $25,000 fine.
Class IIIA Felony: Includes DUI (fourth offense), certain theft offenses. Penalty is 0-3 years and/or $10,000 fine.
Class IV Felony: Includes issuing bad checks, certain drug offenses. Penalty is 0-2 years, up to 12 months post-release supervision, and/or $10,000 fine.
Misdemeanor Classifications
Class I Misdemeanor: The most serious, including DUI (first offense), domestic assault (third degree), theft under $1,500. Penalty is up to 1 year in jail and/or $1,000 fine.
Class II Misdemeanor: Includes minor in possession, certain traffic offenses. Penalty is up to 6 months in jail and/or $1,000 fine.
Class III Misdemeanor: Includes certain minor offenses. Penalty is up to 3 months in jail and/or $500 fine.
Class IIIA Misdemeanor: Includes certain ordinance violations. Penalty is up to 7 days in jail and/or $500 fine.
Record Sealing (Set Aside)
Nebraska allows setting aside certain convictions:
Eligible Offenses: Most misdemeanors and some felonies after completing the sentence. Traffic infractions, Class IV felonies, Class IIIA felonies, and most misdemeanors are generally eligible.
Waiting Periods: Generally 1-3 years after completing the sentence, depending on the offense.
Ineligible Offenses: Serious felonies (Class I through Class II), sex offenses requiring registration, traffic offenses, and DUI convictions generally cannot be set aside.
Effect: Set aside relieves civil disabilities (voting, jury service) but does not fully seal the record from view. The conviction may still appear on some background checks.
Nebraska has been expanding expungement options in recent years, so consulting with an attorney about current law is important.
DUI Laws
Nebraska DUI applies to driving with BAC of .08% or higher (.04% commercial). First offense is a Class W misdemeanor (7-60 days jail, $500 fine, 6-month license revocation). Second offense within 15 years is enhanced. Third offense is a Class IIIA felony. Fourth or subsequent offense is a Class IIA felony (0-20 years). Nebraska has implied consent; refusal results in 1-year administrative license revocation. Drivers have only 10 days to request an administrative hearing to contest the revocation.
Frequently Asked Questions
What happens if I am arrested for DUI in Nebraska?
After a DUI arrest in Nebraska, several things happen quickly. You will be asked to submit to a chemical test (breath or blood). Refusing triggers automatic 1-year license revocation. If you test .08% or higher (or refuse), your license is immediately confiscated, and you receive a temporary 15-day permit. Within 10 days, you must request an administrative license revocation (ALR) hearing with the DMV, or the revocation becomes automatic. The criminal case proceeds separately through the court system. First-offense DUI carries 7-60 days jail (which may be served through work release or house arrest), $500 fine, and 6-month license revocation. An ignition interlock device may be required. An Omaha DUI attorney can help navigate both the administrative and criminal proceedings simultaneously.
What is the Administrative License Revocation (ALR) process in Nebraska?
Nebraska’s Administrative License Revocation (ALR) is a civil proceeding separate from your criminal DUI case. When you are arrested for DUI and either test .08% or higher or refuse testing, the arresting officer confiscates your license and issues a temporary 15-day permit. You have only 10 days from the arrest date to request an ALR hearing. If you do not request a hearing, your license is automatically revoked after 15 days. At the ALR hearing, you can challenge whether the officer had reasonable grounds for the arrest, whether you were properly advised of consequences, and whether test procedures were followed. Winning the ALR hearing can restore your driving privileges pending the criminal case. Even if you lose the ALR hearing, challenging it can provide valuable discovery for your criminal defense. An Omaha DUI attorney should be contacted immediately to meet the 10-day deadline.
How does Interstate 80 drug interdiction affect criminal cases in Nebraska?
Nebraska has become a significant location for drug arrests due to Interstate 80 running through the state. With recreational marijuana legal in Colorado, I-80 serves as the primary route for transporting cannabis eastward. Nebraska law enforcement actively targets rental vehicles and those with out-of-state plates to make drug busts. These arrests often involve challenging legal issues: Was the traffic stop valid? Did officers have reasonable suspicion to extend the stop for a drug dog? Was consent to search voluntary? Was the search within the scope of consent? Fourth Amendment challenges are common in these cases. Nebraska has not legalized marijuana, so even possessing small amounts is criminal. Possession with intent to distribute carries severe penalties. If you are from out of state and arrested on I-80, an Omaha criminal defense attorney experienced in drug interdiction cases can evaluate the constitutionality of the stop and search.
What is the difference between probation and parole in Nebraska?
Probation and parole are both forms of supervised release, but they occur at different stages. Probation is an alternative to incarceration; instead of going to prison, you are supervised in the community while completing conditions (drug testing, community service, counseling, etc.). Probation is ordered by the judge at sentencing. If you violate probation, you can be sent to prison to serve the original sentence. Parole is early release from prison; you have already served part of your sentence and are released to complete the remainder under supervision. The Nebraska Board of Parole makes parole decisions. If you violate parole, you can be returned to prison to serve the remainder of your sentence. Nebraska also has “post-release supervision” for certain lower-level felonies, which is similar to parole but is part of the original sentence rather than early release. An Omaha criminal defense attorney can explain how these options may apply to your case.
Can I get my DUI conviction expunged or set aside in Nebraska?
Unfortunately, DUI convictions in Nebraska generally cannot be set aside or expunged. Nebraska law specifically excludes traffic offenses, including DUI, from the set-aside statute. This means a DUI conviction will remain on your record permanently and will be counted for enhancement purposes if you receive subsequent DUIs within 15 years (third DUI becomes a felony, fourth becomes a serious felony). Because DUI convictions cannot be removed, the stakes at the original proceeding are very high. This is why it is critical to fight DUI charges aggressively from the beginning. An Omaha DUI attorney can challenge the stop, the field sobriety tests, the chemical test, and other aspects of the case to seek dismissal, acquittal, or reduction to a non-DUI offense (such as reckless driving) that may be eligible for future set-aside.