Lancaster County Attorney Joe Kelly said on Monday the change of Nebraska wide receivers coach Keith Williams’ DUI from a Class III felony charge to a misdemeanor charge is totally normal.
Cases when the driver registers a .150 are rarely prosecuted as aggravated DUI since the machine used to test Williams has a plus or minus five percent margin of error, Kelly said.
“That means no one with any confidence can say .150 was in fact that,” Kelly said. “We treat all of those the same. We never file .150 as aggravated.”
Williams’ arrest was his third DUI related charge, according to police. He had DUI convictions in 2004 and 2009 in California, which means the difference between a third aggravated DUI and third misdemeanor DUI is drastic.
According to Nebraska state law, the maximum punishment for a third offense misdemeanor DUI is one year in jail, 15 years license revocation and a $1,000 fine, which is what Williams currently faces.
Had the charge not been changed, Williams would have faced up to five years in jail, 15 years license revocation and a $10,000 fine. The mandatory minimum would also have been 18 days in jail and 15 years license revocation.
Williams was released from prison on a $5,000 personal recognizance bond, meaning he could sign himself out of jail.
His next court date is at 11 a.m. on Oct. 24.