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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 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.