New Laws Effective 2012
New Nebraska DUI Laws are effective 2012. These laws:
- Increase the ‘look back period‘ from 12 years to 15 years,
- Create an offense of drunk driving with a child in the vehicle,
- Make the homicide of an unborn child while driving drunk a separate crime from a DUI, and
- Create a new 15 day temporary drivers license for everyone arrested for DUI or refusing a chemical test coupled with an ignition interlock permit allowing driving for employment, education, treatment, parole, probation, health care and community service purposes.
How much do you have to drink (BAC*) for a DUI in Nebraska?
|
Under 21 |
.02% |
|
21 or older |
.08% |
|
Commercial |
.04% |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in Nebraska?
Nebraska has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Nebraska’s implied consent law.
|
|
1st Offense |
2d Offense |
3rd Offense |
|
Refusal to take test |
90 day license impounded |
90 day license impounded |
90 day license impounded |
What is the minimum jail time?
|
|
1st Offense |
2d Offense |
3rd Offense |
|
Minimum Jail |
7 days |
30 days |
90 days |
Lookback Period: 15 years (as of 2012) (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)
Can you plead to a lesser offense than DUI in Nebraska?
A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Nebraska, but it's possible a lawyer may be able to create a plea bargain for you.
Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
1st Nebraska DUI
First Drunk Driving Conviction
- Jail – Minimum of 7 Days up to 60 Days
- Fine – Up to $500
- License Suspension – Up to 6 Months
- License Suspension – 1 Year (If Blood Alcohol Level .15 or Above)
- Alcohol Assessment / Alcohol Treatment - Possible
More Information: First Offense DUI in Nebraska
2nd Nebraska DUI
Second Drunk Driving Conviction
- Jail – Minimum of 30 Days up to 90 Days
- Jail – Minimum of 90 Days up to 1 Year (If Blood Alcohol Level .15 or above)
- Fine – Up to $500
- Fine – Up to $1,000 (If Blood Alcohol Level .15 or above)
- License Suspension – 1 Year
- License Suspension – From 1 to 15 Years (If Blood Alcohol Level .15 or above)
- Vehicle Immobilization – From 5 Days to 8 Months
- Vehicle Impoundment - Possible
- Ignition Interlock Device - Possible
- Alcohol Assessment / Alcohol Treatment - Possible
More Information: Second Offense DUI in Nebraska
Important Note from the Editor
While we strive to keep this information up to date and accurate, it's important to understand that it's based on your states legislature. Your local courts, judges, district attorneys office and even local law enforcement will have a huge impact on how the law is actually applied in any given case. No amount of legal information can replace the advice of a local attorney familiar with DUI cases in your area.
3rd Nebraska DUI
Third Drunk Driving Conviction
- Jail – Minimum of 90 Days up to 1 Year
- Jail – Minimum of 180 Days up to 5 Years (If Blood Alcohol Level .15 or above)
- Fine – Up to $600
- Fine – Up to $10,000 (If Blood Alcohol Level .15 or above)
- License Suspension – From 2 to 15 Years
- License Suspension – From 5 to 15 Years (If Blood Alcohol Level .15 or above)
- Vehicle Immobilization – From 5 Days to 8 Months
- Ignition Interlock Device - Possible
- Alcohol Assessment / Alcohol Treatment - Possible
More Information: Third Offense DUI in Nebraska
4th Nebraska DUI
Fourth Drunk Driving Conviction
- Class III Felony
- Jail – Minimum of 180 Days up to 5 Years
- Jail – Minimum of 1 Year up to 20 Years (If Blood Alcohol Level .15 or above)
- Fine – Up to $10,000
- Fine – Up to $25,000 (If Blood Alcohol Level .15 or above)
- License Suspension – 15 Years
- Vehicle Immobilization – From 5 Days to 8 Months
- Ignition Interlock Device - Possible
- Alcohol Assessment / Alcohol Treatment – Possible
5th Nebraska DUI
Fifth Drunk Driving Conviction
- Class III Felony
- Jail – Minimum of 1 Year up to 20 Years
- Jail – Minimum of 1 Year up to 50 Years (If Blood Alcohol Level .15 or above)
- Fine – Up to $25,000
- License Suspension – 15 Years
- Vehicle Immobilization – From 5 Days to 8 Months
- Ignition Interlock Device - Possible
- Alcohol Assessment / Alcohol Treatment - Possible
Drinking and Driving Laws in Nebraska
Nebraska Drunk Driving and Wet Reckless Laws - Nolo.com
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.
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.
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.
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.
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.
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.
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.
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
