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What To Do if You're Faced With an OUI/OWI Charge

Robert Stahle • February 8, 2018
OUI or OWI Charge in Nebraska - Fitch & Stahle Law Firm - Sioux City, IA

Each state has a different name for a drunk driving arrest. For example, some states refer to this charge as a DUI or DWI, while other states refer to it as an OUI or OWI, which stands for operating under the influence or operating while intoxicated.

Regardless of the name, this type of criminal offense can be very serious, especially if someone is killed as a result of a driver who is impaired, resulting in a wrongful death lawsuit. If you’re faced with an OUI/OWI charge, your first step is to hire an OWI attorney, who will provide you with the possible fines and penalties if you are convicted.

Fines and Penalties for OUI/OWI In Nebraska

In Nebraska, the legal limit for an adult driver of a car or truck is a blood alcohol concentration (BAC) of 0.08% or higher. The limit for a driver younger than 21 is 0.02% or higher, and the limit for a commercial truck driver is 0.04% or higher.

The fines and penalties for a conviction for impaired driving include:


  • 1st Offense – 10 days in jail, $500 fine, six-month license suspension. You may obtain restricted driving privileges if you apply for and receive an ignition interlock device (IID), a device that analyzes your breath before allowing your engine to start.
  • 2nd Offense – 30 to 90 days in jail, maximum $1,000 fine, maximum 18-month license suspension.
  • 3rd Offense – 90 to 180 days in jail, $1,000 fine, 15-year license suspension.

It’s important to remember that jail time and fines are at a judge’s discretion, and the reinstatement of your license is conditional upon completion of an alcohol treatment and evaluation program.

And if you are arrested for an accident caused by an OUI/OWI that resulted in the death of a passenger in your vehicle, or the death of a driver of passenger of another vehicle, you may also face a wrongful death claim from the families of the victim or victims.

Wrongful death cases are civil suits in which the claimant believes that the defendant caused the death of a loved one due to negligence.

So if you were at fault in a fatal accident in which you were also impaired by alcohol, you could be sued for intentionally causing another person’s death through the negligent act of operating a motor vehicle while impaired.

The Importance of An Aggressive Defense Attorney

An OUI/OWI arrest is very serious, especially if it’s your second or third offense, or if your impairment caused the death of another person. That’s why you have to hire a defense attorney immediately after your arrest to ensure that all your rights are protected. The experienced team at Fitch & Stahle Law Office in South Sioux City, NE can investigate your arrest to make sure it was lawful, and determine how to proceed with your defense. Please call us today at (402) 494-3012 to schedule a consultation.

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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.