Drinking and Driving Laws in Nebraska
In the State of Nebraska it is illegal to drive a motor vehicle if your blood alcohol concentration (BAC) is .08 percent or above. There are lower BAC limits defined for drivers under the age of 21 and drivers of commercial vehicles. The State of Nebraska has harsher penalties and fines (sometimes double) for drivers that have a .15 percentage or above BAC. In addition to alcohol, Nebraska state law also prohibits the operation of a motor vehicle while under the influence of controlled substances such as marijuana and cocaine. If a driver tests positive for a controlled substance, this evidence could be combined with other factors to determine guilt in a DUI conviction.
2008 Change in Nebraska DUI Law
On April 16th, 2008 the Governor signed Legislative Bill 736. This new bill relates to driving under the influence, provides for a permit for the operation of a motor vehicle equipped with an ignition interlock device, changes penalty provisions, changes provisions relating to the use of ignition interlock devices, provides fees, creates the Ignition Interlock Device Fund to be used for the costs of installing, maintaining, and removing such devices for an indigent defendant.
Please CLICK HERE to Read more about Nebraska's L 736 How many drinks does it take to reach the legal limit in Nebraska?
This question is usually asked by drivers who want to find out how many drinks they can have before they are considered legally drunk. There are calculators and charts that can serve as a reference, however, these devices can only provide general information based on 2 or 3 variables, and most likely will not provide you with a 100% accurate BAC measurement.
. Each driver has physical characteristics such as age, weight, sex, and genetics that factor into the BAC equation.
The best answer is not to drink and drive . The State of Nebraska has strict laws for drunk driving, and when you drink and drive in Nebraska, you risk your freedom, finances and your future.
Drunk Driving Laws in Nebraska
State of Nebraska BAC Laws:
All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.
Nebraska Drunk Driving Fines & Penalties
First Drunk Driving Conviction
For your first DUI in the State of Nebraska you will receive a minimum of 7 days up to 60 days in jail. You will also receive a minimum mandatory 6 month drivers license suspension and up to a $500 fine. Any person convicted of drunk driving will have to pay for an alcohol assessment and could be ordered to attend a alcohol treatment program at their own expense.
Second Drunk Driving Conviction
The second time you are convicted of a drunk driving offense in Nebraska you will be ordered to serve a mandatory minimum jail sentence of 30 days. Your drivers license will be suspended for a minimum 1 year. You will also be ordered to pay a $500 fine. Any person convicted of drunk driving will have to pay for an alcohol assessment and could be ordered to attend a alcohol treatment program at their own expense. All drivers that have a second or more DUI conviction in Nebraska will face having their vehicle immobilized by the court at the expense of the convicted driver for not less than 5 days and no more than 8 months. The immobilization includes having the vehicle unregistered and the license plates confiscated by the state. In lieu of the immobilization a driver may be allowed to have an ignition interlock device installed on the vehicle at the owners expense.
Third Drunk Driving Conviction
The third time you are convicted of a drunk driving offense in Nebraska you will be ordered to serve a mandatory minimum jail sentence of 90 days up to 1 year. Your drivers license will be suspended from a minimum 2 years up to 15 years. You will also be ordered to pay a fine of $600. Any person convicted of drunk driving will have to pay for an alcohol assessment and could be ordered to attend a alcohol treatment program at their own expense. All drivers that have a second or more DUI conviction in Nebraska will face having their vehicle immobilized by the court at the expense of the convicted driver for not less than 5 days and no more than 8 months. The immobilization includes having the vehicle unregistered and the license plates confiscated by the state. In lieu of the immobilization a driver may be allowed to have an ignition interlock device installed on the vehicle at the owners expense.
Fourth Drunk Driving Conviction
The fourth time you are convicted of a drunk driving offense in Nebraska you will be ordered to serve a mandatory minimum jail sentence of 6 months up to 5 years. Your drivers license will be suspended for a minimum of 15 years. You will also be ordered to pay a fine from $1,000-$10,000. Any person convicted of drunk driving will have to pay for an alcohol assessment and could be ordered to attend a alcohol treatment program at their own expense. All drivers that have a second or more DUI conviction in Nebraska will face having their vehicle immobilized by the court at the expense of the convicted driver for not less than 5 days and no more than 8 months. The immobilization includes having the vehicle unregistered and the license plates confiscated by the state. In lieu of the immobilization a driver may be allowed to have an ignition interlock device installed on the vehicle at the owners expense.
Fifth Drunk Driving Conviction
The fifth time you are convicted of a drunk driving offense in Nebraska you will be charged with a Felony and ordered to serve a mandatory minimum jail sentence of 1 year, up to 15 years. Your drivers license will be suspended for a minimum of 15 years. You will also be ordered to pay a fine from $1,000-$25,000. Any person convicted of drunk driving will have to pay for an alcohol assessment and could be ordered to attend a alcohol treatment program at their own expense. All drivers that have a second or more DUI conviction in Nebraska will face having their vehicle immobilized by the court at the expense of the convicted driver for not less than 5 days and no more than 8 months. The immobilization includes having the vehicle unregistered and the license plates confiscated by the state. In lieu of the immobilization a driver may be allowed to have an ignition interlock device installed on the vehicle at the owners expense.
The Implied Consent Law in Nebraska
If you are driving in The State of Nebraska, you agree to submit to a chemical test of your blood, breath or urine if, an officer of the law believes that you were driving while intoxicated. If you refuse to take such a test your license will be immediately confiscated by the officer. If, during the subsequent court hearing, it is determined that you refused to submit to a sobriety test, your drivers license will be suspended for a period of 1 year. Additional Information on Drunk Driving Laws, Penalties and Fines in Nebraska
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