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Types of Drunk Driving Charges
Robert Stahle • March 8, 2021
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.
When you’re injured by a drunk driver, the physical trauma is often only the beginning. Medical appointments, hospital stays, and prescription medications can last for weeks, months, or even years. You may be unable to work. You may lose your vehicle. And the emotional toll—fear, anxiety, depression—can weigh heavily on you and your family. Unfortunately, many accident victims never receive the compensation they truly need to recover. Insurance companies are skilled at downplaying injuries, undervaluing claims, and pushing quick settlements. These early offers often only cover short-term costs—and leave victims with nothing for long-term consequences. That’s why it’s crucial to work with a personal injury attorney who understands how to fight for your full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients throughout Iowa and Nebraska recover the financial support they deserve after being hit by drunk drivers. Here’s how having legal representation can make a difference: 1. Understanding the Full Value of Your Claim A serious injury isn’t just about your ER bill. A strong legal claim must account for: Follow-up medical care, physical therapy, and surgeries Future medical treatment or long-term care Mental health services for trauma, PTSD, or anxiety Lost wages and reduced ability to earn income Property damage and vehicle replacement Pain, suffering, and loss of enjoyment of life Without legal help, you may never even know you’re entitled to compensation for these elements—let alone how to calculate their true cost. Our attorneys work closely with doctors, financial experts, and accident specialists to build a comprehensive case that reflects the full scope of your losses. 2. Pursuing Punitive Damages In Iowa and Nebraska, courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which are designed to cover your losses), punitive damages are intended to punish the offender for particularly reckless or egregious behavior and deter others from doing the same. These damages can significantly increase the value of your claim—but you need an experienced attorney to prove that the driver’s actions warrant them. We know how to present evidence of impairment, prior offenses, and other aggravating factors that strengthen your case. 3. Exploring Additional Sources of Compensation Sometimes, the drunk driver’s insurance policy won’t cover the full cost of your damages. In those cases, we explore: Your own underinsured/uninsured motorist coverage Dram shop liability (if a bar, restaurant, or event overserved the driver) Third-party liability (in rare cases, the driver’s employer or vehicle owner may also share responsibility) Our team works to leave no stone unturned when identifying all potential sources of recovery. 4. Standing Up to the Insurance Companies Insurance adjusters are trained negotiators. Their job is to pay out as little as possible. Without a lawyer, they may take advantage of your lack of legal knowledge or pressure you into a fast settlement. With Fitch & Stahle in your corner, you don’t have to deal with their tactics. We handle all communication, submit all documentation, and push aggressively for the settlement you deserve. And if the insurance company won’t cooperate? We’re ready to take your case to court. If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t let the insurance company decide what your recovery is worth. Contact Fitch & Stahle Law Firm today for a free case evaluation. Let us help you move forward—with the compensation and justice you deserve.
Drunk driving accidents are among the most devastating types of crashes—and the most preventable. Every time someone chooses to drive under the influence of alcohol, they not only break the law, but they also endanger innocent lives. When you’re the victim of one of these reckless acts, the physical, emotional, and financial consequences can be overwhelming. Many accident victims assume that if the other driver was arrested for DUI, the case will resolve itself quickly and fairly. After all, if the police have proof that the driver was drunk, what else is there to fight about? The reality is far more complex. Even when intoxication is clear, recovering compensation is rarely straightforward. Insurance companies are primarily concerned with protecting their bottom line. They may admit the drunk driver was at fault but still dispute the amount of damages you’re owed. They may claim your injuries aren’t as severe as you say or argue that you had pre-existing conditions. In some cases, they may even try to shift partial blame to you. That’s why hiring an experienced drunk driving accident attorney is so critical. At Fitch & Stahle Law Firm , we represent clients throughout Iowa and Nebraska who have been harmed by drunk drivers. Our attorneys know how to build strong legal cases backed by evidence, expert testimony, and strategic negotiation. We don’t just take the word of the insurance company—we conduct our own investigations, obtain police and toxicology reports, interview witnesses, and, when necessary, work with accident reconstruction professionals to determine exactly what happened and who’s responsible. Beyond proving liability, our goal is to make sure every client receives the full amount of compensation they’re entitled to under the law. That includes not only current medical expenses and lost wages but also: Future medical care (surgeries, rehab, medications) Lost future earning capacity Pain and suffering Mental and emotional trauma Property damage Punitive damages when applicable In particularly egregious cases, we may also pursue compensation from third parties under Iowa or Nebraska’s dram shop liability laws . If a bar, restaurant, or even a private event served alcohol to someone who was visibly intoxicated or underage, that establishment could be held partially liable for the damages. Dealing with injuries, doctors, bills, and the trauma of the crash is hard enough. You shouldn’t also have to navigate legal paperwork, deadlines, and difficult insurance adjusters on your own. We provide personal, compassionate, and aggressive legal representation—so you can focus on healing while we focus on justice. Remember: The other driver’s arrest or conviction does not guarantee you fair compensation. Civil and criminal cases are separate, and only a personal injury claim will secure the financial support you need to recover and rebuild your life. If you or a loved one has been hit by a drunk driver in Sioux City or the surrounding areas of Iowa and Nebraska, don’t wait. Call Fitch & Stahle Law Firm today for a free consultation. We’ll help you hold the drunk driver—and their insurance company—fully accountable.