What Is a Felony DUI in Nebraska?

Aggravating factors that can make a drunk driving charge a felony.

Nebraska's DUI (driving under the influence) laws prohibit operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of (impaired by) drugs or alcohol. In most situations, a DUI conviction is a misdemeanor. But if certain aggravating factors are present, an Nebraska DUI can be charged as a felony offense.

Here are some of the more common scenarios that can lead to felony DUI charges in Nebraska.

Fourth DUI Conviction Is a Felony

Drivers who are convicted of a first, second, or third DUI will generally face misdemeanor charges. But a fourth or subsequent DUI conviction within 15 years is a class IIIA felony. A conviction carries 180 days to three years in jail, up to $10,000 in fines, and a 15-year license revocation.

High BAC or Chemical Test Refusal

The penalties for a DUI are generally more severe if the driver had a BAC of .15% or more or refused to take a test in violation of the state's implied consent laws. A third DUI that involves either of these factors is a class IIIA felony. Convicted motorists face up to three years in jail, a maximum $10,000 in fines, and a 15-year license revocation.

Felony Charges for DUIs Involving Injuries and Deaths

DUIs involving serious injuries are class IIIA felonies. A conviction carries a maximum three years in jail and up to $10,000 in fines.

Causing the death of another person while driving under the influence is vehicular homicide, a class IIA felony. A conviction carries up to 20 years in jail.

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