Nebraska DUI Laws
Under Nebraska DUI law, it is unlawful to operate a motor vehicle while under the influence of drugs or alcohol. A Nebraska DUI charge may be based on subjective observation (e.g., driving patterns, field sobriety testing) or a chemical test result showing a blood alcohol content (BAC) level of .08 percent or higher. It is important to consult a Nebraska DUI lawyer who has the expertise required to challenge DUI charges and protect your legal rights.
Nebraska DUI cases involve two separate procedures: an Administrative License Revocation (ALR) by the Department of Motor Vehicles, and the criminal case. An uncontested ALR begins 30 days after your arrest and lasts 90 days (longer if you refused a chemical test or if you have prior DUIs). If you wish to contest the ALR you must request a hearing within 10 days of your arrest. During the ALR period you may be eligible for a restricted license. Contact a Nebraska DUI attorney as soon as possible for help with these time-sensitive issues.
If there is a conviction in the criminal case, penalties may include fines, probation, revocation of license plates and registration, a continuous alcohol monitoring device, an ignition interlock device and prison. The penalties are more severe with aggravating factors such as high BAC (over .15), prior DUI convictions and/or if someone is injured or killed as a result of the DUI. All convicted DUI offenders have to participate in and pay for alcohol assessment and any court ordered treatment program — the latter can cost more than $3,000. A Nebraska DUI lawyer can best advise you on the criminal penalties that may apply to you.
Nebraska DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Nebraska BAC laws may differ from those of other states, as follows.
| Nebraska BAC Laws | |
| Per Se Violation | BAC of .08 to .149 |
| Enhanced Penalty | .15 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense - Per Se Violation (.08 or higher) | 180-day license suspension |
| Subsequent Offenses (within 10 years) | 1-year license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 30-day license suspension |
| Temporary License | Yes, for 15 days after DUI/DWI citation |
| Administrative Hearing | Yes, if hearing requested, driver cannot have ignition interlock device to shorten suspension unless court ordered |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st and Subsequent Offenses | 1-year license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 90-day license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense - Per Se Violation (.8 to .149) | |
| License Suspension | Up to 6 months (may have conditional license) |
| Prison Term and Community Service | 7 to 60 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| First DUI/DWI Offense - Enhanced Penalty (.15 or higher) | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | 7 to 60 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense - Per Se Violation (.8 to .149) | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | 30 to 90 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense - Enhanced Penalty (.15 or higher) | |
| License Suspension | 1 to 15 years (may have conditional license) |
| Prison Term and Community Service | 90 days to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense - Per Se Violation (.8 to .149) | |
| License Suspension | 2 to 15 years (may have conditional license) |
| Prison Term and Community Service | 90 days to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $600 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense - Enhanced Penalty (.15 or higher) | |
| License Suspension | 5 to 15 years (may have conditional license) |
| Prison Term and Community Service | 180 days to 5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $10,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Nebraska Office of Highway Safety