Nebraska Drunk Driving Fines & Penalties

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What are the penalties for a DUI in Nebraska?


1st Offense

2nd Offense

3rd Offense

4th Offense 5th Offense

Jail

7 to 60 days

30 days up to 1 year

90 days up to 1 year

180 days up to 5 years 1 to 20 years

Fines and Penalties

Up to $500

Up to $1,000

Up to $10,000

Up to $25,000 Up to $25,000

License Suspension

Up to 60 days

1 year

2 to 15 years

15 years 15 years

IID** Required

No

Possible

Possible

Possible Possible

Lookback Period: 15 years (as of 2012) (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

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

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.

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.

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.

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.

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.

New Nebraska DUI Laws

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.

by: , Attorney

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