Nebraska's DUI (driving under the influence) laws impose various penalties, which primarily depend on how many prior convictions the driver has. This article covers Nebraska's DUI laws and the penalties you'll face for a first, second, and third conviction.
In Nebraska, it's unlawful for a person to operate or be in "actual physical control" of a motor vehicle:
A person is considered "under the influence" when the person's ability to safely operate a vehicle is impaired to any "appreciable degree."
A DUI arrest typically leads to administrative (license-related) penalties under Nebraska's implied consent law. And 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:
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.
You can skip ahead to our sections for:
In each section, we cover the jail time, fines, and license-related penalties for the specific type of offense.
Below we cover the penalties for a first DUI in cases where the judge doesn't grant probation and in cases where the driver does receive probation.
A first DUI conviction involving a BAC of less than .15% carries:
The defendant is required to apply for an ignition interlock permit for the revocation period.
Defendants with a BAC of .15% or more are looking at:
After 45 days of revocation, the defendant can drive with an ignition interlock permit and IID.
First offenders with a probationary sentence and a BAC that's less than .15% face:
The defendant must obtain an IID and permit during the revocation period.
Probationary sentences for defendants with a BAC of .15% or more carry:
The defendant must apply for an ignition interlock permit and install an IID during the revocation period.
Below we cover the penalties for a second DUI in cases where the judge doesn't grant probation and in cases where the driver does receive probation.
A second DUI conviction with a BAC of less than .15% carries:
Following a no-driving period of 45 days, the defendant is required to apply for an ignition interlock permit. An IID must be installed on any vehicle owned or operated by the offender for at least one year.
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:
The court can require all vehicles owned by the defendant to be immobilized for at least five days, but not more than eight months. As an alternative to immobilization, the defendant can be required to apply for an ignition interlock 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 for the revocation period, whichever is longer.
A defendant whose sentence is suspended on a second DUI will be looking at:
The offender is prohibited from driving for 45 days and must obtain an ignition interlock permit. The offender is also required to install an IID for at least one year or for the revocation period, whichever period is longer.
Probationary sentences for second offenses involving a BAC of .15% or more include:
The offender isn't allowed to drive for 45 days and must apply for an ignition interlock permit during the period of revocation. An IID must be installed for at least one year or for the revocation period.
Below we cover the penalties for a third DUI in cases where the judge doesn't grant probation and in cases where the driver does receive probation.
A third DUI conviction involving a BAC of less than .15% is a class W misdemeanor and carries:
As an alternative to immobilization, the judge can require the defendant to apply for an ignition interlock permit. Following a minimum 45-day no-driving period, the offender can drive with the permit and an IID installed in the offender's vehicle during the revocation period.
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 three years imprisonment and 18 months post-release supervision and/or a $10,000 fine. The minimum sentence is 180 days imprisonment and nine months post-release supervision.
The convicted motorist will also face a 15-year license revocation and all vehicles owned by the defendant will be immobilized for at least five days but not more than eight months. Instead of immobilization, the defendant can be required to apply for an ignition interlock permit and install an IID after a 45-day no-driving period.
Third offenders with a probationary sentence and a BAC that's less than .15% will face:
The offender is prohibited from driving for 45 days and must obtain an ignition interlock permit. The defendant is required to install an IID for at least one year or for the revocation period, whichever period is longer.
Probationary sentences for third offenses involving a BAC of .15% or more include:
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.
Nebraska's implied consent law requires all drivers lawfully arrested for DUI to submit to breath, blood, and/or urine testing.
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. And for a person under 21 years of age, a BAC of .02% or more is a failed test.
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 one or more prior revocations in the last 15 years, the revocation is for one year. Drivers who refuse to take a test will face a one-year revocation.
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 |
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 |
All DUI offenders must complete an alcohol assessment and the recommended treatment program. The offender is usually responsible for all fees associated with treatment.
For second and subsequent convictions, the defendant can be required to use an alcohol monitoring device and abstain from alcohol use during the license revocation period.
In some circumstances, the court will require all vehicles owned by the defendant to be immobilized for at least five days but not more than eight months. However, the court generally allows the defendant to obtain an ignition interlock (IID) permit and install an IID as an alternative to immobilization.
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.