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Is a DUI a felony in Nebraska?

Fight Your DUI Charges. Contact Us Today.


It is possible to be charged with a felony DUI in Nebraska. As a general rule, your first and second DUI convictions are charged as misdemeanors.

The third time you are arrested and charged with a DUI, you can be charged with either a misdemeanor offense or a felony depending on what BAC you blew at the time of your arrest. If you blew over .15 percent, you will be charged with a Class IIIA Felony. If convicted, you could serve a prison sentence of up to three years in prison.

If you are arrested for DUI a fourth time, you could be charged with a Class IIA felony if your BAC was above .15 percent. Which is a more severe felony charge than the charges for a third DUI. If convicted you could be required to carry out a max prison sentence of 20 years.

The fifth time you are charged with DUI is also considered a Class IIA felony regardless of the percent level of your BAC. However, if your BAC is over .15 at the time of your arrest, your felony charges will be increased to Class II felony charges and you could face up to 50 years in prison.

Throughout this entire process, you also face heavy fines, driver's license suspension, professional license suspension, and you could lose the right to vote and carry a firearm.

Felony DUI charges are serious. Contact our skilled Lincoln criminal defense attorney to schedule a consultation. (402) 909-0026

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Monzón, Guerra & Associates, Attorneys at Law
1133 H Street
Lincoln, NE 68508

Toll Free: 866-734-7798
Phone: 402-477-8188
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