Felony DUI Charges in Nebraska
Most first-time DUI offenses in Nebraska are misdemeanors. However, certain aggravating factors can elevate a DUI to a felony charge, carrying significantly harsher penalties including prison time, extended license revocation, and lifelong consequences.
Understanding when and why a DUI becomes a felony is crucial for anyone facing serious DUI allegations in Lincoln or Lancaster County.
1. Nebraska's Felony DUI Statutes
A. Third-Offense DUI Within 15 Years
Charge: Class IIIA Felony
Penalties:
- Up to 3 years imprisonment
- 15-year license revocation
- Minimum $1,000 fine
- Mandatory ignition interlock for 5 years
B. DUI Causing Serious Bodily Injury
Charge: Class IIIA Felony
Penalties:
- Up to 3 years imprisonment
- 15-year license revocation
- Minimum $1,000 fine
- Possible restitution
C. DUI Causing Death
Charge: Class II Felony
Penalties:
- 1–50 years imprisonment
- Permanent license revocation
- Minimum $10,000 fine
- Mandatory prison sentence
2. Enhanced BAC Levels and Aggravating Factors
Excessive BAC (0.15% or higher)
Still a misdemeanor, but with enhanced penalties:
- 2-year ignition interlock
- Possible jail time
- Higher fines
Other Aggravating Factors
- Child in vehicle
- Refusal to test
- Property damage
- Driving on revoked license
3. The Prosecution's Burden
For felony DUI based on priors, prosecution must prove:
- Current DUI occurred
- Valid prior convictions
- Priors are within 15-year window
- Defendant is same person in prior cases
For injury/death DUIs, they must prove:
- DUI occurred
- DUI caused injury/death
- Severity of injury
- No alternate cause
4. Defense Strategies
A. Challenging Prior Convictions
- Constitutional validity
- Lack of legal counsel
- Invalid pleas
- Incorrect time calculation
B. Challenging Causation
- Other drivers to blame
- Victim fault
- Mechanical failure
- Medical issues
C. Suppression of Evidence
- Illegal stop
- Testing errors
- Chain-of-custody issues
- Faulty accident reconstruction
5. Sentencing Considerations in Lincoln
Judges consider:
- Criminal history
- Remorse
- Restitution
- Treatment participation
- Community support
6. Long-Term Consequences
Criminal:
- Loss of firearm rights
- Loss of voting rights
- Licensing barriers
Employment:
- Failed background checks
- Loss of driving-related careers
Personal:
- Housing difficulties
- Insurance issues
- Restricted international travel
7. Special Considerations for Lincoln Defendants
Local Court Characteristics:
- Lancaster County District Court handles felonies
- Pretrial supervision may apply
- Some judges have DUI specialization
Why Local Attorneys Matter:
- Knowledge of judges and prosecutors
- Access to local investigators
- Familiarity with Lincoln resources
Felony DUI charges in Nebraska carry life-changing consequences. If you're facing a felony DUI in Lincoln or Lancaster County, contact an experienced defense team immediately for a full case evaluation and strong defense strategy.