Misdemeanors; classification of penalties; sentences; where served.

(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which are distinguished from one another by the following penalties which are authorized upon conviction: Class I misdemeanor........ Maximum — not more than one year imprisonment, or one thousand dollars fine, or both Minimum — none Class II misdemeanor....... Maximum — six months imprisonment, or one thousand dollars fine, or both Minimum — none Class III misdemeanor...... Maximum — three months imprisonment, or five hundred dollars fine, or both Minimum — none Class IIIA misdemeanor..... Maximum — seven days imprisonment, five hundred dollars fine, or both Minimum — none Class IV misdemeanor....... Maximum — no imprisonment, five hundred dollars fine Minimum — none Class V misdemeanor........ Maximum — no imprisonment, one hundred dollars fine Minimum — none Class W misdemeanor....... Driving under the influence or implied consent First conviction Maximum — sixty days imprisonment and five hundred dollars fine Mandatory minimum — seven days imprisonment and five hundred dollars fine Second conviction Maximum — six months imprisonment and five hundred dollars fine Mandatory minimum — thirty days imprisonment and five hundred dollars fine Third conviction Maximum — one year imprisonment and one thousand dollars fine Mandatory minimum — ninety days imprisonment and one thousand dollars fine (2) Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except that such sentences may be served in institutions under the jurisdiction of the Department of Correctional Services if the sentence is to be served concurrently or consecutively with a term for conviction of a felony and the combined sentences total a term of one year or more. A determinate sentence shall be imposed for a misdemeanor if the sentence is to be served concurrently or consecutively with a determinate sentence for a Class III, IIIA, or IV felony.