Types of Drunk Driving Charges

When people refer to drunk driving charges, they could be talking about a variety of different things. There are a lot of laws surrounding drunk driving and other alcohol-related violations, and the rules can greatly vary depending on where you live. Each of the many types of drunk driving charges carries with it differences in severity and consequences, and understanding this can help you out if you’re facing charges.

If you are facing drunk driving charges, your best course of action is to work with an auto accident lawyer or a drunk driving lawyer. The attorneys at Fitch & Stahle Law Office will help guide you through the tricky legal system and will be strong advocates for you throughout the case.

Drunk Driving Limits in Iowa

According to our car accident lawyer, in both Iowa and Nebraska, non-commercial drivers that are 21-plus are considered to be legally drunk when their blood alcohol level is .08 percent or more. For commercial drivers, the limit lowers to .04 percent. Drivers under 21 are legally drunk when their BAC is .02 percent or more.

Factors Influencing Criminal Penalties

When you are arrested for drunk driving, the penalties and punishment that you face will depend on different factors. One of the biggest ones is whether you have previous DUI offenses on your record, and if so, how many you have. Each state treats this differently, but these are some general rules, presented by our auto accident attorney.

• First Offense
  • The first time you are arrested for drunk driving, it is often treated as a misdemeanor. This could lead to jail time, alcohol education programs, fines, or license revocation. In Iowa, first-time offenders face a term of imprisonment 48 hours to one year and are subject to pay a fine of up to $1,250. The license revocation period is six months to one year.
  • In Nebraska, the jail time is seven to 60 days, and the fine is $500.

• Second Offense
  • For the second offense, you can expect higher fines, longer jail time, and other increased penalties. In Iowa, the length of imprisonment increases to up to two years, and the fine varies from $1,875 to $6,250. Your driver’s license can be revoked for up to two years.
  • For Nebraska residents, the jail time ranges from 30 days to 180 days. If your BAC was .15 percent or more, this increases to a one-year maximum. Also, if your BAC was at that level, your license can be revoked for up to 15 years.

• Third Offense
  • Third-time DUI offenders are often charged with a felony, which has much more severe consequences than a misdemeanor. In Iowa, you can face up to five years in prison. In Nebraska, your license can be suspended for up to 15 years, in addition to facing up to one year in prison.

Siouxland Drunk Driving Attorney

The Law Office of Fitch & Stahle in South Sioux City is licensed to practice drunk driving law in both Iowa and Nebraska. We treat clients with dignity and respect, and we have decades of experience navigating the court system.

If you have been charged with a DUI, reach out to our attorney at 402-494-3012 to schedule a free consultation.