Hiring a DUI Lawyer in Nebraska
What a first DUI can cost in Nebraska, how criminal lawyers charge, your right to a public defender, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Nebraska: fee rules
| Rules on contingency fees | Under Neb. Ct. R. of Prof. Cond. § 3-501.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. § 3-501.5(d) prohibits fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. § 3-501.5(b) says the basis or rate of fees should be communicated, preferably in writing. |
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| If you disagree with a lawyer's bill | The Nebraska State Bar Association's Legal Fee Arbitration Program offers voluntary arbitration of disputes over fees charged by attorneys (and also between attorneys and physicians, stenographers, consultants and expert witnesses). The rules, petition, respondent's answer form and a fee brochure are on the page; questions go to the program contact at 1-800-927-0117. |
| If a lawyer takes your money | The Nebraska State Bar Association's Client Assistance Fund, established in January 1974 under the Nebraska Supreme Court's authority, helps claimants recover losses caused by dishonest conduct of lawyers while practicing law in Nebraska. Complete the claim form, attach copies of supporting documents, have it notarized, and send it to NSBA/Client Assistance Fund, 635 South 14th Street, Suite 200, Lincoln, NE 68508, keeping a copy. |
Nebraska rules to know first
| First-offense DUI penalties | A first DUI (no prior conviction) is a Class W misdemeanor: mandatory minimum of 7 days in jail and a $500 fine, up to 60 days in jail. The court revokes the license for six months and requires an ignition interlock permit and device for that period. If the court grants probation or suspends the sentence, the revocation is 60 days with an ignition interlock permit, and a $500 fine is a condition. At 0.15 or more, the revocation is one year with an ignition interlock. A DUI conviction adds 6 points. |
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| Refusing a breath test | Administrative license revocation: refusing a chemical test of blood, breath or urine results in a one-year revocation. A test at or above the legal limit results in a 180-day revocation (one year if the person had a prior administrative revocation within the preceding 15 years). Source: Neb. Rev. Stat. § 60-498.02 |
| Hardship license | A driver revoked for points may drive a non-commercial vehicle under an employment driving permit or a medical hardship driving permit. For DUI revocations, the court generally orders the person to apply for an ignition interlock permit and drive only vehicles with an interlock device during the revocation. |
Find and check a lawyer
| Lawyer referral service | The Nebraska State Bar Association's Find-A-Lawyer website lets the public look for a lawyer. Attorneys listed there charge $50 or less for the first 30 minutes of consultation, according to the site. The site says it is not a directory of NSBA members; for a full list of licensed Nebraska attorneys it points to the Nebraska Supreme Court Attorney Services Division website. |
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| Check that the lawyer is licensed | The Nebraska Supreme Court regulates attorney licensing, and the Nebraska Judicial Branch provides a public attorney search for checking a lawyer's record; the Counsel for Discipline's grievance page points the public to it. |
| Check discipline history or file a complaint | The Nebraska Supreme Court's Counsel for Discipline investigates and prosecutes violations of the Rules of Professional Conduct. File a grievance with the court's grievance form or a letter fully explaining the problem, with copies (not originals) of supporting documents, by email (nsc.cfdcomplaints@nejudicial.gov), fax (402-471-1014) or mail (Counsel for Discipline, 5001 Central Park Dr., Ste. 300, Lincoln, NE 68504-3461); phone 402-471-1040. Grievances that would not describe improper conduct even if true are rejected; otherwise the lawyer is usually asked for a written response, staff investigate, and the grievance is dismissed or charges are filed with a Committee on Inquiry. Grievances and investigations are confidential. The office cannot give legal advice, change court orders or recover money for you; it can only seek discipline. |
Free legal help
| Free legal aid | Legal Aid of Nebraska provides information, referrals, advice, self-help services and representation to qualifying low-income people with civil legal issues, with seven offices serving all 93 counties. There are no walk-ins: call the Statewide AccessLine at 1-877-250-2016 (Monday/Wednesday 8:30-11:30 am, Tuesday/Thursday 1:00-3:00 pm, Central Time) or apply online. Seniors 60+ can use the ElderAccessLine at 1-800-527-7249. The Legal Services Corporation (LSC) lists Legal Aid of Nebraska as the LSC-funded grantee in the state. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Nebraska · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.