Nebraska DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Nebraska
Nebraska DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Nebraska, the law allows only 10 days for a Nebraska DUI Lawyer to make a request with the Nebraska DMV (Department of Motor Vehicles) for a hearing to help save your drivers license.
What are the penalties for DUI in Nebraska?
The penalties for driving under the influence in Nebraska will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
NE DUI Penalties
Nebraska is a state with a 15 year 'washout period' also known as a 'look back period'
1st DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DUI offense 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
- NE SR22 Insurance (proof of financial responsibility) 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)
2nd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second DUI offense 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
- NE SR22 Insurance (proof of financial responsibility) 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)
3rd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a third DUI offense 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
- NE SR22 Insurance (proof of financial responsibility) 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)
4th DUI Offense / Conviction - Felony
The penalty upon conviction of a fourth DUI offense 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
- NE SR22 Insurance (proof of financial responsibility) 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
5th (& subsequent) DUI Offense / Conviction - Felony
The penalty upon conviction of a fifth or subsequent DUI offense 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
- NE SR22 Insurance (proof of financial responsibility) 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)
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in Nebraska and implied consent laws are enforced.
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)
- NE SR22 Insurance (proof of financial responsibility) 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)
- NE SR22 Insurance (proof of financial responsibility) 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
- NE SR22 Insurance (proof of financial responsibility) 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
- NE SR22 Insurance (proof of financial responsibility) 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
- NE SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Nebraska
The maximum legal BAC (blood alcohol content) limits in Nebraska for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Nebraska it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Nebraska it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Nebraska it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Nebraska and implied consent laws are enforced.
Alliance, Auburn, Beatrice, Bellevue, Blair, Broken Bow, Columbus, Cozad, Fairbury, Fremont, Gering, Gothenburg, Grand Island, Hastings, Holdrege, Kearney, Lexington, Lincoln, Madison, Mc Cook, Minden, Nebraska City, Neligh, Norfolk, North Platte, Ogallala, Omaha, Oneill, Ord, Osceola, Papillion, Schuyler, Scottsbluff, Seward, Sidney, South Sioux City, Valentine, Wahoo, Wilber, York.
Adams, Antelope, Arthur, Banner, Blaine, Boone, Box Butte, Boyd, Brown, Buffalo, Burt, Butler, Cass, Cedar, Chase, Cherry, Cheyenne, Clay, Colfax, Cuming, Custer, Dakota, Dawes, Dawson, Deuel, Dixon, Dodge, Douglas, Dundy, Fillmore, Franklin, Frontier, Furnas, Gage, Garden, Garfield, Gosper, Grant, Greeley, Hall, Hamilton, Harlan, Hayes, Hitchcock, Holt, Hooker, Howard, Jefferson, Johnson, Kearney, Keith, Keya Paha, Kimball, Knox, Lancaster, Lincoln, Logan, Loup, Madison, McPherson, Merrick, Morrill, Nance, Nemaha, Nuckolls, Otoe, Pawnee, Perkins, Phelps, Pierce, Platte, Polk, Red Willow, Richardson, Rock, Saline, Sarpy, Saunders, Scotts Bluff, Seward, Sheridan, Sherman, Sioux, Stanton, Thayer, Thomas, Thurston, Valley, Washington, Wayne, Webster, Wheeler, York.
