Nebraska's DUI Laws and Conviction Penalties

Learn about the penalties for DUI convictions in Nebraska.

By , Attorney George Mason University Law School
Updated 4/08/2025

Driving while drunk or high is dangerous and can have serious consequences. Nebraska's DUI (driving under the influence) laws impose various penalties, which depend on how many prior convictions the driver has and how intoxicated the driver is. This article covers Nebraska's DUI laws and the penalties you'll face for a first, second, third, and fourth conviction.

Nebraska's DUI Laws

In Nebraska, it's unlawful for a person to operate or be in "actual physical control" of a motor vehicle:

(Neb. Rev. Stat. § 60-6,196 (2025).)

A person is considered "under the influence" when the person's ability to safely operate a vehicle is impaired to any "appreciable degree." (State v. Daly, 278 Neb. 903 (Neb. 2009).)

Penalties and Consequences of a Nebraska DUI Offense

A DUI arrest typically leads to administrative (license-related) penalties under Nebraska's implied consent law. If the offender is convicted of DUI in court, there are also criminal penalties imposed in addition to the administrative consequences.

The criminal penalties imposed for DUI convictions usually depend on:

  • the defendant's BAC
  • whether probation or a suspended sentence is granted, and
  • whether the defendant has prior DUI convictions.

Generally, penalties are more severe if the defendant's BAC was .15% or more and less severe if probation (also called a "suspended sentence") is granted. If the sentence is suspended, the defendant is typically sentenced to jail time but is allowed to serve all or part of the time on probation instead of in jail. However, the original sentence can be imposed if the defendant violates probation.

For purposes of calculating prior convictions, all DUI convictions within 15 years of the current offense are counted. (Neb. Rev. Stat. § 60-6,197.02 (2025).)

Below, we cover the jail time, fines, and license-related penalties for first, second, and third offense DUIs.

Penalties for a First DUI Conviction in Nebraska

The penalties for a first DUI depend on whether or not the judge grants probation.

First-Offense Penalties for a BAC That's Less Than .15% (Non-Probation)

A first DUI conviction involving a BAC of less than .15% carries:

  • 7 to 60 days in jail
  • a $500 fine (a first offense can lead to other expenses), and
  • a 6-month license revocation (any period of revocation imposed by the court upon a DUI conviction is reduced by any period of administrative revocation imposed by the DMV).

(Neb. Rev. Stat. §§ 28-106, 60-6,197.03 (2025).)

The defendant is required to apply for an ignition interlock (IID) permit and have an IID installed for the revocation period. (Neb. Rev. Stat. § 60-6,197.03 (2025).)

First-Offense Penalties for a BAC That's .15% or More (Non-Probation)

Defendants with a BAC of .15% or more are looking at:

  • 7 to 60 days in jail
  • a $500 fine, and
  • a 1-year license revocation.

(Neb. Rev. Stat. §§ 28-106, 60-6,197.03 (2025).)

The defendant can drive with an IID permit and must have an IID installed for the revocation period. (Neb. Rev. Stat. § 60-6,197.03 (2025).)

First-Offense Penalties for a BAC That's Less Than .15% (Probation)

First offenders with a probationary sentence and a BAC that's less than .15% face:

  • up to 60 days in jail (no minimum jail time)
  • a $500 fine, and
  • a 60-day license revocation.

The defendant must obtain an IID permit during the revocation period. (Neb. Rev. Stat. § 60-6,197.03 (2025).)

First-Offense Penalties for a BAC That's .15% or More (Probation)

Probationary sentences for defendants with a BAC of .15% or more carry:

  • up to 60 days in jail with a minimum of either 2 days in jail or 120 hours of community service
  • a $500 fine, and
  • license revocation for 1 year.

The defendant must apply for an IID permit and install an IID during the revocation period. (Neb. Rev. Stat. § 60-6,197.03 (2025).)

Penalties for a Second DUI Conviction in Nebraska

Second DUIs are misdemeanors, but the penalties are more severe than a first offense. As with first offenses, the penalties for a second DUI depend on whether the judge grants probation.

Immobilization of Vehicles for a Second DUI

The court can require all vehicles owned by an offender convicted of a second or subsequent DUI to be immobilized for at least five days but not more than eight months. As an alternative to immobilization, the offender can be required to apply for an IID permit and install an IID after a 45-day no-driving period. The offender must retain the permit and IID for at least one year or the revocation period, whichever is longer. (Neb. Rev. Stat. § 60-6,197.01 (2025).)

Second-Offense Penalties for a BAC That's Less Than .15% (Non-Probation)

A second DUI conviction with a BAC of less than .15% carries:

  • 30 days to 6 months in jail
  • a $500 fine, and
  • an 18-month license revocation (the period is reduced by any period of administrative revocation imposed by the DMV).

(Neb. Rev. Stat. §§ 28-106, 60-6,197.03 (2025).)

Following a no-driving period of 45 days, the defendant is required to apply for an IID permit. An IID must be installed on any vehicle owned or operated by the offender for at least one year. (Neb. Rev. Stat. § 60-6,197.03 (2025).)

Second-Offense Penalties for a BAC That's .15% or More (Non-Probation)

A second DUI conviction is a class I misdemeanor if the defendant had a BAC of .15% or more or refused a chemical test. The convicted motorist will face:

  • 90 days to 1 year in jail
  • a $1,000 fine, and
  • a license revocation of at least 18 months, up to 15 years.

(Neb. Rev. Stat. §§ 28-106, 60-6,197.03 (2025).)

Second-Offense Penalties for a BAC That's Less Than .15% (Probation)

A defendant whose sentence is suspended on a second DUI will be looking at:

  • up to 6 months in jail with a minimum of either 10 days in jail or 240 hours of community service
  • a $500 fine, and
  • an 18-month license revocation.

The offender is prohibited from driving for 45 days and must obtain an IID permit. The offender is also required to install an IID for at least one year or for the revocation period, whichever period is longer. (Neb. Rev. Stat. § 60-6,197.03 (2025).)

Second-Offense Penalties for a BAC That's .15% or More (Probation)

Probationary sentences for second offenses involving a BAC of .15% or more include:

  • 30 days in jail
  • a $1,000 fine, and
  • an 18-month to 15-year license revocation.

The offender isn't allowed to drive for 45 days and must apply for an IID permit during the period of revocation. An IID must be installed for at least one year or the revocation period. (Neb. Rev. Stat. § 60-6,197.03 (2025).)

Penalties for a Third DUI Conviction in Nebraska

Below are the penalties for a third DUI in cases where the judge doesn't grant probation and in cases where the driver does receive probation.

Third-Offense Penalties for a BAC That's Less Than .15% (Non-Probation)

A third DUI conviction involving a BAC of less than .15% is a class W misdemeanor and carries:

  • 90 days to 1 year in jail
  • a $1,000 fine
  • a 15-year license revocation, and
  • immobilization of all vehicles owned by the defendant for 5 days to 8 months.

(Neb. Rev. Stat. §§ 28-106, 60-6,197.01, 60-6,197.03 (2025).)

Third-Offense Penalties for a BAC That's .15% or More (Non-Probation)

A third DUI conviction is a class IIIA felony if the defendant had a BAC of .15% or more or refused a chemical test. The maximum sentence is 3 years in prison, 18 months post-release supervision, and a $10,000 fine. The minimum sentence is 180 days imprisonment and 9 months post-release supervision. The convicted motorist will also face a 15-year license revocation. (Neb. Rev. Stat. §§ 28-105, 60-6,197.03 (2025).)

Third-Offense Penalties for a BAC That's Less Than .15% (Probation)

Third offenders with a probationary sentence and a BAC that's less than .15% will face:

  • a mandatory jail sentence of 30 days
  • a $1,000 fine, and
  • a license revocation for 2 to 15 years.

The offender is prohibited from driving for 45 days and must obtain an IID permit. The defendant is required to install an IID for at least one year or the revocation period, whichever period is longer. (Neb. Rev. Stat. § 60-6,197.03 (2025).)

Third-Offense Penalties for a BAC That's .15% or More (Probation)

Probationary sentences for third offenses involving a BAC of .15% or more include:

  • 60 days in jail
  • a $1,000 fine, and
  • a license revocation for 5 to 15 years (the offender must apply for an IID permit during the period of revocation following a 45-day no-driving period).

After the defendant is released from jail, the offender must use an alcohol monitoring device and abstain from alcohol use for at least 60 days. (Neb. Rev. Stat. § 60-6,197.03 (2025).)

Penalties for a Fourth DUI Conviction in Nebraska—Felony

Drivers who are convicted of a first, second, or third DUI will generally face misdemeanor charges. But a fourth or subsequent DUI conviction within 15 years is a class IIIA felony. (Neb. Rev. Stat. § 60-6,197.03 (2025).)

A fourth DUI conviction carries 180 days to 3 years in jail, post-release supervision for up to 18 months, up to $10,000 in fines, and a 15-year license revocation. (Neb. Rev. Stat. §§ 28-105, 60-6,197.03 (2025).)

Nebraska's implied consent law requires all drivers lawfully arrested for DUI to submit to breath, blood, and/or urine testing. (Neb. Rev. Stat. §§ 60-6,197, 60-6,211.02, 60-4,164 (2025).)

Nebraska's BAC Limit

The Nebraska Department of Motor Vehicles (DMV) will revoke the license of any motorist who fails or refuses to submit to chemical testing. Generally, a BAC of .08% or more is deemed a failed test. However, for a person who holds a commercial driver's license, a BAC of .04% or more is considered a failed test. For a person under 21 years of age, a BAC of .02% or more is a failed test. (Neb. Rev. Stat. §§ 60-4,164, 60-6,196, 60-6,197, 60-6,211.01, 60-6,211.02 (2025).)

License Revocation for Failing an Alcohol Test in Nebraska

If a motorist fails a chemical test and doesn't have any prior license revocations, the DMV will impose a 180-day license revocation. If the driver has 1 or more prior revocations in the last 15 years, the revocation is for 1 year. Drivers who refuse to take a test will face a one-year revocation. (Neb. Rev. Stat. § 60-498.02 (2025).)

License Revocation for Refusing an Alcohol Test in Nebraska

In Nebraska, refusing a chemical test is generally a crime for which jail and fines can be imposed. In addition to the implied consent revocation, the court will revoke a defendant's license upon a conviction for a refusal for the following periods:

1st Offense

2nd offense

3rd Offense

License Revocation

180 days

18 months to 15 years

15 years

(Neb. Rev. Stat. § 60-6,197.03 (2025).)

If the defendant is placed on probation or the sentence is suspended for refusing a chemical test, the revocation periods are as follows:

1st Offense

2nd offense

3rd Offense

License Revocation

60 days

18 months to 15 years

5 to 15 years

(Neb. Rev. Stat. § 60-6,197.03 (2025).)

Treatment and Monitoring for DUI Convictions

All DUI offenders must complete an alcohol assessment and the recommended treatment program. The offender is usually responsible for all fees associated with treatment. In some cases, the court might require the defendant to use an alcohol monitoring device and abstain from alcohol use during the license revocation period. (Neb. Rev. Stat. §§ 60-6,197.08, 60-6,211.05 (2025).)

Nebraska's Underage DUI Laws and Penalties

For drivers under the age of 21 years, there's a law that prohibits operating a motor vehicle with a BAC of at least .02% but less than .08%. (If underage drivers have a BAC of .08% or above or are under the influence of drugs or alcohol, they can be convicted of a standard DUI.) (Neb. Rev. Stat. § 60-6,211.01 (2025).)

If the blood or breath test indicates a BAC of at least .02% but less than .08%, the driver can be convicted of a traffic infraction. Upon a conviction, the underage motorist's license will be impounded by the court for 30 days. An underage driver who refuses a chemical test can be convicted of a traffic infraction and will face a license impoundment for 90 days. (Neb. Rev. Stat. § 60-6,211.02 (2025).)

The Nebraska Department of Motor Vehicles (DMV) will expunge the violation from the driver's record after 90 days. However, if the underage driver refused to submit to chemical testing, the violation won't be expunged for 120 days. (Neb. Rev. Stat. § 60-6,211.06 (2025).)

Getting Help From a Nebraska DUI Attorney

If you've been arrested for driving under the influence in Nebraska, you should get in contact with an experienced DUI lawyer who can help you assess your situation and decide on the best course of action.

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