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Is It Possible to Have a DUI Charged Erased FromYour Record?

Robert Stahle • April 12, 2019
A man in a hat is standing next to a silver truck

It happens to a lot of people. You go out, maybe for dinner or to hang out with a few friends, with every intention of only having one drink. Then it happens that you drink more than you have planned and against your own better judgment and advice from others, you get behind the wheel of your car.

Driving while intoxicated is dangerous, and even a couple drinks can have a significant impact on a person’s ability to drive a vehicle and react appropriately in traffic. While nobody wants to deal with a DUI, being pulled over by the police is a much better outcome than causing an accident.

Still, a DUI can have a tremendous impact on your life. What should be your next step after receiving a DUI and is it possible to have the charges expunged from your record?

Penalties of a DUI

Each state has its own laws regarding offenses of driving under the influence and the penalties that apply to each offense. For example, in every state - including Iowa and Nebraska - anyone who operates a vehicle with a blood alcohol content of at least .08% or while under the influence of drugs, including controlled substances, can be charged with a DUI. However, the penalties applied are different.

The penalties of a DUI are determined by several factors, including whether the offense is a person’s first or subsequent DUI. In Iowa, penalties for first offense include jail time for a period ranging from 48 hours to one year and a license revocation of at least 180 days. In Nebraska, a first time DUI offense can result in 7 to 60 days in jail and license revocation for a period of at least 6 months.


Can a DUI Be Erased from Your Record?

A DUI serves as a big mark on your criminal record. If you’ve recently had a DUI charge, you may be wondering if it’s possible to have the charge erased, or expunged, from your record. The answer to this depends on multiple factors.

You are less likely to have the option to have a DUI charge expunged if you’ve already had a prior offense. In the event of a felony DUI charge, the chances of expungement are even less likely.

You best chances of having a DUI expunged involve enlisting the help of a DUI defense attorney who can present a compelling case to the judge that your judgment should be deferred. If you are provided with a deferred judgment, it means that you’ll be placed on probation with additional terms that must be met, such as community service, fines or participating in an alcohol rehabilitation program. Upon completing the terms of probation, the court will discharge the case without issuing judgment.


Should You Contact a Criminal Defense Attorney?

An experienced DUI defense attorney can be your biggest asset in fighting a DUI charge. With the right legal representation, it’s possible to have the charges against you dropped or minimized. A criminal defense attorney can also guide you through the process of possibly having your record cleared. If you’ve recently been charged with a DUI, reach out to Fitch & Stahle Law Office for a consultation on your case today.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.