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Nebraska DUI Laws

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Nebraska
Nebraska

Nebraska DUI Forum | SR22 Insurance Requirements

The prescribed legal BAC limit in Nebraska is 0.08% per se
(effective from September 1st 2001)

Cheap SR22 Auto Insurance Quotes for High Risk Drivers in Nebraska

Nebraska DUI Laws & BAC Limits | Nebraska DUI Penalties

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Nebraska Drunk Driving Statistics

Useful Nebraska DUI Links | Latest Nebraska DUI News


DUI - Drunk Driving Laws in other States


Nebraska Drunk Driving Laws

(If you’ve been charged with Nebraska DUI, the law allows 10 days for your Nebraska DUI Lawyer to make a request with the Nebraska DMV (Department of Motor Vehicles) for a hearing to save your driving license)

Nebraska is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state.

Nebraska DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Nebraska it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is an offense to refuse to submit to a chemical test in Nebraska and implied consent laws are enforced.

!! CAUTION - Driving Ability Impaired !!

You can be prosecuted in Nebraska without driving while you are over the legal prescribed bac limit.

Under Nebraska law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.

Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.

Observations from a law enforcement officer that may lead to being stopped and arrested include:

  • Making a turn too widely or narrowly
  • Using two lanes, straddling the center line
  • Almost hitting someone or something
  • Weaving or drifting from one side of the road to another
  • Driving too slowly and being overly cautious
  • Driving too close to vehicle in front
  • Driving ON the center lines
  • Erratic braking
  • Swerving to correct course of vehicle

You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.

A skilled drunk driving attorney can help you defend any charges against you

Nebraska BAC Calculator

BLOOD ALCOHOL CONTENT CALCULATOR
Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!
BAC - Blood Alcohol Content Calculator

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Penalties for DUI - Drunk Driving in Nebraska

Nebraska is a state with a fifteen-year ‘washout period’ also known as a 'look back period'.

NOTE: OUT OF STATE CONVICTIONS
Any conviction of any offense in any other state, which if committed in the state of Nebraska, would amount to a violation of Nebraska's drunk driving laws will be classed as a prior conviction for sentencing purposes.

IGNITION INTERLOCK PERMIT IN LIEU OF ADMINISTRATIVE REVOCATION
Arrested persons can submit an application for an ignition interlock permit in lieu of serving an administrative license revocation period subject to eligibility and any applicable requirements.


First DUI - Drunk Driving Conviction - Class W MISDEMEANOR

The penalty for a first DUI - drunk driving conviction in Nebraska:

  • Fine: $400 fine
  • Jail: up to 60 days in city / county jail
  • Administrative License Revocation: 60 days to 6 months drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period - device must be used for the remainder of the revocation period)
  • alcohol abuse assessment & treatment as instructed
  • possible 120 hours community service
  • Nebraska SR22 insurance requirement

ENHANCED PENALTY: High BAC (blood alcohol content) 0.15 or more

In addition to the penalties above, the following penalties will be enhanced:

Fine: $500 fine
License Revocation:
1 year drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period - device must be used for the remainder of the revocation period)


Second DUI - Drunk Driving Conviction - CLASS w MISDEMEANOR

The penalty for a second DUI - drunk driving conviction in Nebraska:

  • Fine: $500 fine
  • Jail: up to 6 months in city / county jail
  • License Revocation: 1 year drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving - device must be used for the remainder of the revocation period)
  • Ignition Interlock: possible ignition interlock restriction for 6 months upon license re-instatement
  • alcohol abuse assessment & treatment as instructed
  • possible continuous alcohol monitoring device
  • possible vehicle immobilization
  • possible 240 hours community service
  • Nebraska SR22 insurance requirement

ENHANCED PENALTY: High BAC (blood alcohol content) 0.15 or more
Will be classed as a CLASS I MISDEMEANOR

In addition to the penalties above, the following penalties will be enhanced:

Fine: up to $1,000
License Revocation:
1 to 15 years drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving - device must be used for the remainder of the revocation period)


Third DUI - Drunk Driving Conviction - Class W Misdemeanor

The penalty for a third DUI - drunk driving conviction in Nebraska:

  • Fine: $600 fine
  • Jail: up to 1 year in city / county jail
  • License Revocation: 2 to 15 years drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving - device must be used for the remainder of the revocation period)
  • Ignition Interlock: possible ignition interlock restriction for 6 months upon license re-instatement
  • Alcohol Monitoring: possible use of continuous alcohol monitoring device and abstention from alcohol for a period of no less than 60 days
  • alcohol abuse assessment & treatment as instructed
  • possible vehicle immobilization
  • Nebraska SR22 insurance requirement

ENHANCED PENALTY: High BAC (blood alcohol content) 0.15 or more
Will be classed as a CLASS IIIA FELONY

In addition to the penalties above, the following penalties will be enhanced:

Fine: up to $10,000
Jail:
up to 5 years in city / county jail or adult correctional facility
License Revocation:
5 to 15 years drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving - device must be used for the remainder of the revocation period)


Fourth DUI - Drunk Driving Conviction - CLASS IIIA FELONY

The penalty for a fourth DUI - drunk driving conviction in Nebraska:

  • Fine: up to $10,000 fine
  • Jail: up to 5 years in city / county jail or adult correctional facility
  • License Revocation: 15 year drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving - device must be used for the remainder of the revocation period)
  • Ignition Interlock: possible ignition interlock restriction for 6 months upon license re-instatement
  • Alcohol Monitoring: possible use of continuous alcohol monitoring device and abstention from alcohol for a period of no less than 90 days
  • alcohol abuse assessment & treatment as instructed
  • possible vehicle immobilization
  • Nebraska SR22 insurance requirement

ENHANCED PENALTY: High BAC (blood alcohol content) 0.15 or more
Will be classed as a CLASS III FELONY

In addition to the penalties above, the following penalties will be enhanced:

Fine: up to $25,000
Jail:
up to 20 years in city / county jail or adult correctional facility
License Revocation:
15 years drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving - device must be used for the remainder of the revocation period)
Alcohol Monitoring: possible use of continuous alcohol monitoring device and abstention from alcohol for a period of no less than 120 days


Fifth (and subsequent) DUI - Drunk Driving Conviction - CLASS III FELONY

The penalty for a fifth (and subsequent) DUI - drunk driving conviction in Nebraska:

  • Fine: up to $25,000 fine
  • Jail: up to 20 years in city / county jail or adult correctional facility
  • License Revocation: 15 year drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving - device must be used for the remainder of the revocation period)
  • Ignition Interlock: possible ignition interlock restriction for 6 months upon license re-instatement
  • Alcohol Monitoring: possible use of continuous alcohol monitoring device and abstention from alcohol for a period of no less than 180 days
  • alcohol abuse assessment & treatment as instructed
  • possible vehicle immobilization
  • Nebraska SR22 insurance requirement

ENHANCED PENALTY: High BAC (blood alcohol content) 0.15 or more
Will be classed as a CLASS II FELONY

In addition to the penalties above, the following penalties will be enhanced:

Fine: up to $25,000
Jail:
up to 50 years in city / county jail or adult correctional facility
License Revocation:
15 years drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving - device must be used for the remainder of the revocation period)


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Implied consent LAWS

Implied Consent Chemical Testing

It is an offense to refuse to submit to a chemical test in Nebraska and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in Nebraska

In Nebraska, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

FIRST Chemical Test Refusal - Class W MISDEMEANOR

  • Fine: up to $500 fine
  • Jail: up to 60 days in city / county jail
  • License Revocation: 1 year drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 90 days of no driving - device must be used for the remainder of the revocation period)
  • Nebraska SR22 insurance requirement

Second chemical test refusal - Class I misdemeanor

  • Fine: up to $1000
  • Jail: up to 1 year in city / county jail or adult correctional facility
  • License Revocation: 1 to 15 years drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 90 days of no driving - device must be used for the remainder of the revocation period)
  • Nebraska SR22 insurance requirement

Third chemical test refusal - Class IIIA Felony

  • Fine: up to $10,000
  • Jail: up to 5 years in city / county jail or adult correctional facility
  • License Revocation: 5 to 15 years drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 90 days of no driving - device must be used for the remainder of the revocation period)
  • Alcohol Monitoring: possible use of continuous alcohol monitoring device and abstention from alcohol for a period of no less than 60 days
  • Nebraska SR22 insurance requirement

FOURTH chemical test refusal - Class III Felony

  • Fine: up to $25,000
  • Jail: up to 20 years in city / county jail or adult correctional facility
  • License Revocation: 15 year drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 90 days of no driving - device must be used for the remainder of the revocation period)
  • Alcohol Monitoring: possible use of continuous alcohol monitoring device and abstention from alcohol for a period of no less than 120 days
  • Nebraska SR22 insurance requirement

FIfth (and subsequent) chemical test refusal - Class II Felony

  • Fine: up to $25,000
  • Jail: up to 50 years in city / county jail or adult correctional facility
  • License Revocation: 15 year drivers license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 90 days of no driving - device must be used for the remainder of the revocation period)
  • Alcohol Monitoring: possible use of continuous alcohol monitoring device and abstention from alcohol for a period of no less than 180 days
  • Nebraska SR22 insurance requirement

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Nebraska SR22 insurance (High Risk auto Insurance)

Compare Nebraska SR22 Auto Insurance Rates and Save $$$'s
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Nebraska SR-22 auto insurance is usually required for a period of 3 years after a DUI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider.  Some insurance companies will not even do an SR22 insurance filing. Get a FREE SR22 DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Nebraska auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of Nebraska

The minimum mandatory liability insurance coverage required in the state of Nebraska for private passenger vehicles is (25/50/25). This equates to the following liability coverage:

  • $25,000 bodily injury liability (BIL) per person
  • $50,000 for two or more people in one accident
  • $25,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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Disclaimer: While every effort is made to keep all information up to date, the Nebraska drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Nebraska DUI lawyer is recommended in all cases.

 

Useful Nebraska DUI Links:

DUI - Drunk Driving Laws in Nebraska

Nebraska Drivers Manual

Nebraska SR22 Insurance Requirement

Nebraska DMV (Department of Motor Vehicles)

Nebraska Department of Roads

Nebraska Department of Insurance

Nebraska Courts Judicial Branch

Nebraska DUI Lawyers

Nebraska DUI discussion forum

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Latest Nebraska DUI News

This RSS feed URL is deprecated
This RSS feed URL is deprecated, please update. New URLs can be found in the footers at https://news.google.com/news
Wed, 26 Sep 2018 09:30:46 GMT

Driver charged with DUI in fatal traffic accident Lincoln - Nebraska Radio Network


Driver charged with DUI in fatal traffic accident Lincoln
Nebraska Radio Network
A 31-year-old man has been charged with driving under the influence after a passenger either fell or jumped off the pick-up as it drove through northern Lincoln. Lincoln police say the blood alcohol content of Seth Noble registered .093 two hours after ...

and more »

Fri, 07 Sep 2018 19:32:11 GMT

Verdict delivered in Lincoln DUI case with problematic breath test - Lincoln Journal Star


Lincoln Journal Star

Verdict delivered in Lincoln DUI case with problematic breath test
Lincoln Journal Star
In April, a Gering defense attorney discovered false information on the notarized certification vouching for the accuracy of a solution used to calibrate some breath-test machines in Nebraska. The issue resulted in some breath tests being thrown out as ...


Tue, 18 Sep 2018 23:03:13 GMT

Troopers arrest 43 impaired drivers during DUI enforcement - NTV


NTV

Troopers arrest 43 impaired drivers during DUI enforcement
NTV
?This effort marks the end of our annual '100 Days of Summer' initiative to coincide with the summer driver season,? said Colonel John Bolduc, Superintendent of the Nebraska State Patrol in a press release. ?Our troopers take pride in keeping Nebraska ...
Troopers Arrest 43 impaired drivers in special DUI enforcementWahoo Newspaper
Dozens accused of drunken driving arrested during 'Drive Sober or Get Pulled Over' campaignOmaha World-Herald

all 12 news articles »

Wed, 05 Sep 2018 19:22:41 GMT

Police: Man arrested for DUI after running red light, causing accident in Grand Island - NTV


Police: Man arrested for DUI after running red light, causing accident in Grand Island
NTV
Police said Schleicher was heading westbound on 2nd when he ran a red light and crashed into the driver's side of another vehicle. Schleicher was treated for minor injuries and was arrested for DUI of the second offense and a traffic signal violation.


Wed, 19 Sep 2018 19:00:46 GMT

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