Criminal Defense
Fighting a Felony DUI and Alcohol Absorption
In Nebraska, a DUI changes from a misdemeanor to a felony on either your third or fourth offense depending on your blood alcohol content (BAC). A fourth offense or greater will always be a felony DUI, assuming the prior convictions are all within fifteen years of your current arrest date.
On the other hand, a third offense is only a felony if your BAC is above .15. Because the difference between a misdemeanor and a felony may depend on the level of alcohol in your system, understanding alcohol absorption is extremely important for DUI attorneys in Nebraska.
If you have been arrested on a third offense driving under the influence charge, and your BAC test result was above .15, make sure you thoroughly discuss how the principles of alcohol absorption apply to your case, as it could mean the difference as to whether or not you are convicted of a felony offense.