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Is There a Difference Between OWI and DUI Charges?

Robert Stahle • July 11, 2019

It’s never anybody’s goal to get pulled over when they’ve been drinking, but poor judgment can get the best of you sometimes, and land you in legal hot water. When we reference intoxicated driving, the terms OWI and DUI are often used interchangeably. This produces some understandable confusion about whether there’s a difference between these offenses, and if so, what it is.


The Difference Between an OWI and a DUI

OWI and DUI are both acronyms used in reference to drunk driving. A person who is charged with a DUI is accused of driving while intoxicated. A person who is charged with an OWI is accused of operating while under the influence. While there are slight differences in definition between the two, most states use one or the other, but not both in defining their drunk driving laws.

For instance, the state of Iowa issues an OWI charge, which casts a wider net than simply driving while under the influence. In Iowa, it is illegal to drive while under the influence but it is also illegal to operate a motor vehicle with its engine running, regardless of motion. An intoxicated person sitting behind the wheel of a car with the engine running may be charged with an OWI, even if they never move the vehicle.

Other states, like Nebraska, apply laws to the DUI standard. In Nebraska, it is illegal to be found in actual physical control of a motor vehicle with a blood alcohol of .08 or if you are determined to be under the influence. A person may be deemed to be under the influence of drugs or alcohol if their ability to operate a vehicle is impaired to a reasonable degree.


OWI and DUI Penalties

Regardless if your state follows OWI or DUI laws, the penalties for being charged with either offense can be severe. In some cases, there may be leniency offered for a first-time offender, but this is becoming a rare exception in the courts. Penalties for a first-time offense may include fines, jail time, license suspension, and rehabilitation programs.

If you’ve been charged with an OWI or DUI and it isn’t your first offense, you can expect much harsher sentencing. It’s important that you contact an OWI lawyer immediately to discuss your case and potentially minimize the penalties you’re facing.


Your OWI Attorney in the Siouxland Area

Drunk driving laws vary by state, which can make it more difficult to understand where you stand if you’re facing an OWI or DUI charge – especially if you’ve crossed the border from your home state when the incident occurred. You need an attorney by your side who’s experienced in handling charges just like the one you’re facing.

We’re here to provide you with legal representation against OWI charges in the Siouxland area. You shouldn’t fight charges of drunk driving alone, especially when an experienced attorney who can defend your case is just a phone call away. If you need legal representation, contact Fitch & Stahle Law Office today.

Why You Should Never Accept the First Insurance Offer After a Crash

By Robert Stahle • May 7, 2025
Why You Should Never Accept the First Insurance Offer After a Car Accident in Iowa or Nebraska If you’ve recently been involved in a car accident in Iowa or Nebraska, chances are high that you’ve already heard from the at-fault driver’s insurance company. Often, this first call includes a friendly tone and a quick settlement offer. While it might be tempting to accept—especially when you’re dealing with medical bills, car repairs, and missed work—doing so could cost you thousands in lost compensation. At Fitch & Stahle Law Firm , we’ve represented countless injury victims across Iowa and Nebraska who were offered lowball settlements that didn’t even begin to cover their losses. In this blog, we explain why accepting the first offer is rarely in your best interest—and how having a trusted attorney on your side can make a major difference. 1. Insurance Companies Aren’t on Your Side Despite their commercials, insurance companies are for-profit businesses. Their primary goal is to protect their bottom line—not to ensure you’re made whole after a crash. One of the ways they reduce payouts is by making early settlement offers that seem generous but fail to account for long-term damages. These offers are designed to: Get you to settle before you fully understand your injuries. Prevent you from hiring an attorney. Limit future liability by having you sign away your right to sue. In both Iowa and Nebraska, once you accept a settlement and sign a release, your case is closed—even if your medical condition worsens later. That’s why speaking with a personal injury attorney before signing anything is so important. 2. You May Not Know the Full Extent of Your Injuries Car accident injuries often take time to fully reveal themselves. Conditions like concussions, whiplash, back injuries, or internal damage may not cause noticeable symptoms for days or even weeks. Additionally, some injuries require long-term care, physical therapy, or surgery. The first insurance offer typically only covers: Emergency room visits Basic vehicle repairs Minimal lost wages It often does not cover: Ongoing treatment Pain and suffering Loss of future earnings Emotional distress If you accept a quick settlement without understanding your full diagnosis and prognosis, you may end up paying for future care out of your own pocket. 3. A Low Settlement Could Leave You in Debt Let’s say you accept an insurance offer of $7,500 shortly after the crash, only to later discover you need months of treatment and can’t return to work. Those medical bills and lost wages could easily exceed $50,000. But if you’ve already signed a release, there’s no going back. Many victims in Iowa and Nebraska mistakenly believe they can renegotiate later or reopen the case. Unfortunately, that’s almost never true. Once you sign a settlement agreement, you’re legally barred from seeking further compensation. 4. You Deserve Compensation for More Than Just Bills The law in both Iowa and Nebraska allows injury victims to seek compensation for a wide range of damages, not just the ones that show up on a receipt. A skilled attorney will evaluate the full impact the accident had on your life and fight for compensation in areas such as: Pain and suffering – the physical discomfort and emotional trauma you’ve endured Loss of enjoyment of life – if you can’t participate in hobbies or daily activities Future medical expenses – including surgeries, medication, therapy, and equipment Lost earning capacity – if your injuries affect your ability to work in the future An early settlement rarely accounts for these factors. Insurance companies know this—and count on you not having legal counsel to help you push back. 5. Legal Representation Levels the Playing Field Studies consistently show that accident victims who hire a personal injury attorney receive significantly higher settlements than those who don’t. At Fitch & Stahle , we’re experienced negotiators who understand how insurers operate. We’ll: Collect evidence to support your claim Handle all communication with insurance adjusters Work with medical professionals to assess your injuries Build a compelling case for full compensation Take your case to court if necessary We serve clients across both Iowa and Nebraska, including South Sioux City, Sioux City, Omaha, and beyond. Our local expertise and personal approach set us apart—and we don’t get paid unless we win. 6. You’re Not Required to Accept Anything Right Away Many victims feel pressured to respond quickly or are told they only have a short window to accept the offer. This is a tactic. The truth is: you are under no obligation to accept the first offer —or any offer—without fully reviewing it and understanding your rights. In fact, taking the time to: Speak to a personal injury attorney Complete all necessary medical treatment Review long-term costs and losses ...can help you pursue a much more substantial settlement. 7. There Are Time Limits—But You Still Have Options Both Iowa and Nebraska have statutes of limitations for filing a personal injury lawsuit—generally two years from the date of the accident . That means you do have time to properly assess your case, speak with a lawyer, and negotiate from a position of strength. Even if you’ve already received an offer, it’s not too late to consult with an attorney before accepting it. Doing so could protect your financial future. Final Thoughts: Don’t Settle for Less Than You Deserve After a car accident, the stress can be overwhelming. You may be in pain, missing work, and trying to juggle insurance calls. A quick payout might seem like a relief—but it’s often a trap. Let the experienced attorneys at Fitch & Stahle Law Firm evaluate your case and fight for what you truly deserve. We’ve helped injured clients throughout Iowa and Nebraska secure fair settlements that reflect the full scope of their injuries and losses.

What to Do Immediately After a Car Accident in Iowa or Nebraska

By Robert Stahle • April 30, 2025
Car accidents happen fast—and the moments that follow can be confusing, stressful, and even dangerous. Whether you’re on a busy interstate in Omaha, a rural road outside Sioux City, or anywhere in between, knowing what to do immediately after a crash can protect your health, your rights, and your ability to receive fair compensation. At Fitch & Stahle Law Firm , we’ve been helping victims of car accidents in Iowa and Nebraska for decades. Here’s what you need to know in those critical minutes and hours following a collision. 1. Check for Injuries and Call 911 Your safety—and the safety of everyone involved—comes first. Check yourself, your passengers, and others at the scene for injuries. If anyone is hurt, call 911 immediately. Even if no one appears injured, it’s still essential to report the accident to the police, especially in Iowa and Nebraska where most accidents involving injury or property damage must be reported. In Nebraska, a crash report is required if there is injury, death, or property damage exceeding $1,000. Iowa has similar laws. Failing to report a crash could result in fines or legal complications later. 2. Move to a Safe Location If the vehicles are drivable and it’s safe to do so, move them to the side of the road or a nearby parking lot to prevent further accidents. Turn on hazard lights to alert oncoming traffic. If moving the vehicles isn’t possible, remain inside with your seatbelt fastened until help arrives. 3. Document the Scene Thoroughly One of the most important steps after a car accident is to gather as much information as possible. This evidence could be critical later when filing an insurance claim or working with an attorney. Here’s what to document: Photos of the vehicles, license plates, damage, skid marks, and road conditions. Names and contact information of all drivers, passengers, and witnesses. Driver’s license and insurance information from all involved drivers. The responding officer’s name, badge number, and a copy of the police report (or report number). Even if you feel fine, take note of any soreness, dizziness, or anxiety. These can be signs of injury that may develop or worsen over time. 4. Do Not Admit Fault It’s natural to want to apologize or take responsibility in the heat of the moment—but resist that urge. Admitting fault, even casually, can hurt your case later. Fault is determined by evidence, traffic laws, and the official investigation—not by what’s said at the scene. Stick to the facts when speaking with police, and don’t speculate. Simply provide accurate information and let the report reflect what occurred. 5. Seek Medical Attention—Even if You Feel Fine Many injuries, including whiplash, concussions, or internal trauma, may not show symptoms right away. Whether you're in Sioux City, South Sioux City, Omaha, or Lincoln, visit an ER or urgent care as soon as possible after the crash. Medical documentation is essential for proving your injuries in a personal injury claim. If you delay treatment, insurance companies may argue that your injuries weren’t serious or weren’t caused by the accident at all. Protect your health and your claim by getting checked out early. 6. Notify Your Insurance Company Let your insurance provider know that you’ve been in an accident, but be cautious about how much detail you provide—especially if you haven’t yet spoken to a personal injury attorney. Stick to the facts and avoid offering recorded statements or accepting a settlement before consulting legal counsel. In Iowa and Nebraska, you typically have to report accidents to your insurer promptly, or you risk being denied coverage. 7. Contact a Car Accident Attorney in Iowa or Nebraska If you were injured, it’s vital to contact an experienced personal injury attorney as soon as possible. Insurance companies are focused on minimizing payouts—not ensuring you’re treated fairly. A knowledgeable attorney can help you: File a personal injury claim Negotiate with insurance adjusters Estimate your full damages (including lost wages, future medical bills, and pain and suffering) Navigate the legal deadlines in Iowa and Nebraska (typically two years from the date of the accident) At Fitch & Stahle Law Firm , we understand the specific laws and nuances of auto accident cases in both states. Our legal team is committed to helping injured clients recover what they’re owed, with no fees unless we win your case. 8. Keep Records and Monitor Symptoms After the crash, keep all paperwork related to the accident and your recovery. This includes: Medical records and bills Repair estimates Police reports Pay stubs or documentation showing missed work Journal entries tracking your pain, symptoms, or limitations This documentation can make a significant difference in the outcome of your case. 9. Avoid Social Media It might be tempting to share what happened—but posts on social media can be used against you by opposing attorneys or insurance companies. Refrain from posting photos, status updates, or comments about your injuries, car, or recovery until your case is fully resolved. Final Thoughts: Your Legal Partner in Recovery Whether your accident happened on I-29, Highway 20, or a neighborhood street in Iowa or Nebraska, the decisions you make immediately afterward can shape your recovery—physically, financially, and legally. At Fitch & Stahle Law Firm , we offer free consultations to help you understand your rights and evaluate your case. If you’ve been injured in a car accident, don’t try to handle the aftermath alone. Let our experienced team fight for the compensation and justice you deserve.
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