Learn about the penalties for DUI convictions in Nebraska.
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 and Consequences of a Nebraska DUI Offense
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:
- 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.
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In each section, we cover the jail time, fines, and license-related penalties for the specific type of offense.
Penalties for a 1st DUI Conviction in Nebraska
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.
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:
- seven to 60 days in jail
- a $500 fine (a first offense can lead to other expenses too), and
- a six-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).
The defendant is required to apply for an ignition interlock permit for the revocation period.
First-Offense Penalties for a BAC That's .15% or More (Non-Probation)
Defendants with a BAC of .15% or more are looking at:
- seven to 60 days in jail
- a $500 fine, and
- a one-year license revocation.
After 45 days of revocation, the defendant can drive with an ignition interlock permit and IID.
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 and permit during the revocation period.
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 two days in jail or 120 hours of community service
- a $500 fine, and
- license revocation for one year.
The defendant must apply for an ignition interlock permit and install an IID during the revocation period.
Penalties for a 2nd DUI Conviction in Nebraska
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.
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 six 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).
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.
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 one year in jail
- a $1,000 fine, and
- a license revocation of at least 18 months, up to 15 years.
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.
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 six months in jail with a minimum of either ten 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 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.
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 ignition interlock permit during the period of revocation. An IID must be installed for at least one year or for the revocation period.
Penalties for a 3rd DUI Conviction in Nebraska
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.
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 one year in jail
- a $1,000 fine
- a 15-year license revocation, and
- immobilization of all vehicles owned by the defendant for five days to eight months.
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.
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 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-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:
- 30 days in jail
- a $1,000 fine, and
- a license revocation for two to 15 years.
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.
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 five to 15 years (the offender must apply for an ignition interlock 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.
Penalties for a 4th 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.
A fourth DUI conviction carries 180 days to three years in jail, up to $10,000 in fines, and a 15-year license revocation.
Administrative Penalties of a DUI Imposed by the Nebraska DMV
Nebraska's implied consent law requires all drivers lawfully arrested for DUI to submit to breath, blood, and/or urine testing.
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. And for a person under 21 years of age, a BAC of .02% or more is a failed test.
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 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.
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 |
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.
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 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.
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.
Talk to 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.
