Omaha · Douglas & Sarpy County · Free consultation
A DUI arrest is not a conviction.
The State started building its case the night you were stopped.
You have ten days to start yours. Daniel R. Kovar has defended Nebraska
drivers for fifteen years — and he answers his own phone.
Calls answered 24 hours a day. The first conversation costs nothing.
Arrested within the last ten days? Your license hearing deadline is running right now —
call the office today.
The deadline nobody mentions at the jail
Your court date is not your first deadline.
When an officer takes your license at the roadside, Nebraska's Administrative
License Revocation starts the same night — inside the DMV, not the courthouse.
You are handed a paper permit good for fifteen days. To keep driving past that,
a written request for a hearing has to be filed within ten.
Nobody at booking will remind you. It is the most common way a good defense is
lost before it ever begins — not in front of a judge, but in two weeks of silence.
15Days the paper permit lasts
The temporary permit you were handed at the stop expires — whatever is happening with the criminal case.
10Days to demand a DMV hearing
A written petition has to reach the Department of Motor Vehicles. Miss it and the revocation takes effect automatically.
180Days of revocation on a first offense
A reading of .08 or higher carries a six-month administrative revocation, entirely separate from any sentence a judge imposes.
15Days remainingThe paper permit in your pocket is valid for 15 days.
What a conviction actually costs
Four things a conviction takes. None of them is the fine.
People arrive at the first meeting worried about a court fine. It is almost
never the part that changes their life.
Your license
A first offense carries a six-month revocation in this state. An ignition
interlock permit can keep you on the road — but the application, the installation,
the monthly download and the cost all become your problem, for the better part of a year.
Your work
Commercial drivers are held to .04, and one conviction can end a CDL career
outright. Nurses, teachers, contractors, realtors — anyone holding a state license
faces a reporting obligation to their board that runs alongside the criminal case.
Your record
A Nebraska conviction sits on your driving record for fifteen years. It shows up
on background checks, and if there is ever a second charge inside that window the
first one is what turns a misdemeanor into something far heavier.
Your money
Fines and court costs are the small line. Insurance surcharges, an SR-22 filing,
interlock leasing, the alcohol assessment and whatever treatment it recommends
routinely add several thousand dollars over the following year.
How the case is actually fought
Every DUI case has four places it can come apart.
A number on a printout is not proof. It is the end of a long chain — the stop,
the roadside tests, the instrument, the paperwork. Every link has rules attached
to it, and every one of them is somewhere the State can fall short.
Step one
The stop
An officer needs a specific, articulable reason to pull you over — not a hunch,
and not the hour of the night. Drifting inside your own lane, a dim plate light, an
anonymous caller. I read the cruiser and body-camera footage against what the report
claims happened, and the two do not always agree. When the stop fails, everything
after it fails with it.
Step two
The roadside tests
The walk-and-turn, the one-leg stand and the eye test only mean something when
they are given exactly as the federal manual requires: level ground, specific
instructions, specific scoring. Add an injury, a gravel shoulder, cowboy boots or a
passing semi and the results stop being evidence. I hold the same practitioner
certification the officer does, which makes each deviation easy to name in court.
Step three
The breath or blood test
Breath testing here runs on the DataMaster. It comes with a fifteen-minute
observation period, a maintenance log, a calibration schedule and a certified
operator requirement — and I subpoena all of it, every time. Mouth alcohol, acid
reflux, radio interference and a rising blood-alcohol curve are documented reasons
a machine reports a number higher than the truth.
Step four
The negotiation — or the trial
Most cases end in a conversation rather than a verdict. That conversation goes
very differently when the county attorney knows the file has already been taken
apart and that you are genuinely prepared to try it. When trial is the better
option, we try it. That readiness is the leverage; it is not a bluff you can run twice.
15years defending Nebraska DUI cases
Daniel R. Kovar, Attorney at Law
The lawyer who will handle your file
Omaha DUI defense: one district, one practice area, one lawyer on your case.
I spent my first four years as a deputy county attorney, charging the same cases
I now defend. I know how these files get built, what the reports leave out, and
which weaknesses a prosecutor is quietly hoping nobody notices.
Since 2015 my practice has been DUI defense almost exclusively — first offenses,
refusals, aggravated readings, commercial licenses, and out-of-state drivers
stopped on I-80 who have no intention of moving here to fight it. Every client
works with me directly. There is no associate, no case manager and no answering
service between you and the person who will stand up in court.
Juris Doctor, University of Nebraska College of Law, 2010
Admitted to the Nebraska bar, 2010; U.S. District Court, District of Nebraska, 2012
Deputy County Attorney, Douglas County, 2011–2015
NHTSA Standardized Field Sobriety Testing — practitioner certified
Trained on the DataMaster DMT breath instrument and its maintenance records
Member, Nebraska Criminal Defense Attorneys Association
Appears regularly in Douglas, Sarpy, Lancaster and Cass County courts
What you should be able to expect. All of it — not some of it.
01
Fifteen years in one lane
DUI work is not a sideline here. Nearly every case I have tried since 2015
turned on a breath reading, a blood draw or a refusal — the same arguments,
the same instruments, the same judges.
02
A straight answer on day one
You will hear what your case realistically looks like in the first conversation,
including the times the honest answer is that the evidence is strong. Nobody gets
sold an outcome to close a fee agreement.
03
You reach me, not a queue
You get my cell number at the first meeting. Calls and messages are answered
the same day, evenings and weekends included — which is when most people are
arrested, and when the questions are worst.
04
Preparation is the leverage
Video, maintenance logs, calibration records and dispatch audio are requested in
every case, not only the ones headed for trial. It is precisely why so many of them
never get that far.
05
The whole problem, not just the charge
The criminal case, the license revocation, the interlock permit, the alcohol
assessment and your employer's reporting rules are handled as one matter. Winning
the hearing and missing the permit deadline helps nobody.
06
The same four courthouses
Douglas, Sarpy, Lancaster, Cass. Knowing which judge takes a suppression
motion seriously, and which prosecutor will move once the maintenance log lands
on their desk, is not something a directory listing can tell you.
Past outcomes
Four cases, four different ways a charge fell apart.
None of these were won at trial by a speech. They were won by reading paperwork
the State assumed nobody would read.
Dismissed
A stop with nothing behind it
Client was followed for more than a mile after leaving a Benson bar and stopped
for “drifting within the lane.” The cruiser video showed no lane deviation at all.
Both counts were dismissed once the suppression motion was filed.
First offense · Douglas County Court · 2024
Reduced
An instrument out of certification
A .134 breath reading became a reckless driving plea with no revocation after
maintenance records showed the machine's required accuracy check had lapsed eleven
days before the test was administered.
First offense · Sarpy County Court · 2024
License kept
Revocation set aside at hearing
Petition filed on day eight. The arresting officer's sworn report left out the
time the observation period began, so the State could not establish the test was
valid. Revocation rescinded; the client kept an unrestricted license.
ALR hearing · Nebraska DMV · 2023
Not guilty
A refusal charge taken to verdict
Client with a documented panic disorder was charged with refusal after failing
to produce a sufficient breath sample. Two days of testimony, including a
pulmonologist on lung capacity under acute anxiety. Acquitted on all counts.
Aggravated refusal · District Court · 2023
These summaries describe past matters and are provided for information only. Every
case turns on its own facts, its own evidence and its own courtroom. Prior results
do not guarantee or predict a similar outcome in any other case, including yours.
In their words
What clients said once it was over.
“I called at eleven at night from a police station parking lot and an actual
lawyer picked up. He told me exactly what to do over the next ten days before the
word fee was ever mentioned.”
MM. T.First offense · 2024
“I had already accepted that I was going to lose my license. He found
something in the officer's own paperwork that I would never have known to look for.
I drove myself to work the entire time.”
JJ. R.License hearing · 2024
“I drive for a living. He treated my CDL as though it were the actual
case — because for me it was. Six months on, I still have it.”
KK. D.Commercial license · 2023
Client comments have been shortened for length and are published with permission;
names are abbreviated at the clients' request. A testimonial describes one person's
experience. It is not a guarantee, a warranty, or a prediction about the result of
any other matter.
Questions people actually ask
The eight questions that come up first.
Is the first conversation really free?
Yes — by phone or at the office, with no fee and no obligation to hire anyone.
Most of them take about fifteen minutes. Whatever you tell me stays between us
whether or not you decide to work with me; that duty attaches to the consultation
itself, not to the fee agreement.
I blew over the limit. Is there anything left to fight?
Usually more than people expect. A breath number is only admissible if the stop
was lawful, the observation period was kept, the operator was certified and the
instrument was in calibration. Those four things are documented somewhere, and the
documents are obtainable. A high reading changes the strategy; it rarely ends the case.
I refused the test. Was that better or worse?
Refusal is charged as a separate offense in this state, and it carries penalties
in the same range as the DUI itself — so it is not a free pass. It is also not
hopeless: a refusal case depends on whether the advisement was properly given and
whether what you did legally amounts to a refusal at all. Do not guess at this one
on your own.
How long before I actually lose my license?
The permit you were handed at the stop runs fifteen days. To contest the
revocation, a written hearing request has to reach the DMV within ten days of the
arrest. That is the deadline that catches people, because it has nothing to do with
your court date and nobody at booking mentions it. If you are inside that window,
call today rather than tomorrow.
Will I go to jail on a first offense?
A first offense is a Class W misdemeanor, and the statute does carry a mandatory
minimum — but in practice most first offenses here are resolved on probation rather
than a jail sentence. What moves that needle is your record, the reading itself, and
whether there was a collision or a passenger under sixteen in the car. Any lawyer who
promises you an answer before reading the file is guessing.
Can I still drive to work in the meantime?
In most cases, yes — through an ignition interlock permit, which lets you drive a
vehicle fitted with an approved device. The timing matters and interacts with whether
you request the DMV hearing, so it is worth deciding both together rather than one at
a time. I handle the permit application as part of the case, not as an extra.
What does a DUI defense cost?
A flat fee, quoted in writing at the consultation, covering the criminal case and
the license hearing together — not an hourly meter that grows every time you call.
You will know the number before you decide anything, and payment plans are available.
If your situation genuinely does not need a lawyer, I will tell you that too.
I live out of state and was arrested on I-80. Do I have to come back?
For most first offenses, no — appearances can generally be waived or handled by
counsel, and the license side is dealt with through the DMV in writing. Your home
state will eventually learn of the outcome through the interstate compact, which is
exactly why the outcome is worth fighting for even though you do not live here.
Free consultation
Tell me what happened. I'll tell you where you stand.
The fastest route is the phone — I answer it myself, and most questions are
settled in ten minutes. If you would rather write it down first, this form
comes straight to me.