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Types of Drunk Driving Charges

Robert Stahle • March 8, 2021
Alcohol and Car Keys | Criminal Defense Attorney

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.

By Robert Stahle October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.