BLOG

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 September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.