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Misdemeanor and felony DWI charges in Nebraska

On Behalf of | Aug 9, 2019 | DUI/DWI/OUI

If you are like most people in Nebraska, you know that the state has very tough laws about and strict consequences for driving while intoxicated offenses. Anyone charged with drunk driving may find themselves facing both criminal and civil penalties. The exact type of criminal charge can vary based upon a few factors. One of these factors is the driver’s blood alcohol content at the time of their arrest. Another factor is whether or not a person has been convicted of any drunk driving offenses previously.

According to the Nebraska Legislature, most first and second DWI offenses in the state are misdemeanors. For first offenses regardless of BAC and second offenses with BAC levels below 0.15%, the charge may be a Class W misdemeanor. For a second offense with a BAC of 0.15% or greater, the charge may be a Class I misdemeanor. 

Third DWI offenses with blood alcohol levels below 0.15% may also be Class W misdemeanors but if a third drunk driving charge entails BAC levels greater than 0.14%, a driver might be charged with a Class IIIA felony. Even for a first offense with a low BAC, a person might lose the right to drive for some time and be ordered to use an ignition interlock device.

If you would like to learn more about the types of charges that you might face when arrested for a suspected driving while intoxicated offense and what penalties are associated with each charge type, please feel free to visit the drunk driving charges and penalties page of our Nebraska criminal defense website.

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