Nebraska's DUI Laws and Conviction Penalties

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.

Nebraska's DUI Laws

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

• while under the influence of alcohol or drugs, or
• with a blood alcohol content (BAC) of .08% or more (find out about how many drinks it takes)

A person is considered "under the influence" when the person's ability to safely operate a vehicle is impaired to any "appreciable degree."

Penalties For a 1st, 2nd, and 3rd DUI Conviction in Nebraska

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.

Criminal Penalties for a Nebraska DUI Conviction

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.

How Long a DUI Stays on Your Record in Nebraska

For purposes of calculating prior convictions, all DUI convictions within 15 years of the current offense are counted.

Jail, Fines, License Suspension, and Ignition Interlocks for Nebraska DUI Convictions

The chart below details the minimum and maximum penalties for first, second, and third DUI convictions and suspended sentences.

	1st offense	1st offense Suspended Sentence	2nd offense	2nd offense Suspended Sentence	3rd offense	3rd offense Suspended Sentence
Jail	7 to 60 days	2 to 60 days or 120 hours community service (if BAC .15% or more)	30 to 180 days 90 days to 1 year (if BAC .15% or more)	10 to 180 days or 240 hours community service 30 days (if BAC .15% or more)	90 days to 1 year 180 days to 3 years (if BAC .15% or more)	30 days 60 days (if BAC .15% or more)
Fines	$500	$500	$500 $1,000 (if BAC .15% or more)	$500 $1,000 (if BAC is .15% or more)	$1,000 Up to $10,000 (if BAC is .15% or more)	$1,000
License Revocation	6 months 1 year (if BAC .15% or more)	60 days 1 year (if BAC .15% or more)	18 months 18 months to 15 years (if BAC .15% or more)	18 months 18 months to 15 years (if BAC .15% or more)	15 years	2 to 15 years 5 to 15 years (if BAC .15% or more)
Ignition Interlock Permit	Eligible 45 days before eligible (if BAC .15% or more)	Eligible	45 days before eligible	45 days before eligible	45 days before eligible	45 days before eligible

Implied Consent and Refusing Chemical Testing in Nebraska

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

Other Penalties Imposed for DUI Convictions in Nebraska

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.