Nebraska DUI 101

Nebraska DUI laws state that it is illegal for a driver to operate or be in physical control of a vehicle while under the influence of alcohol. In Nebraska, drivers with a blood alcohol concentration (BAC) level of .08 percent or greater can be charged with driving while under the influence or driving while intoxicated, the exact charge depending on whether the driver is operating the vehicle or just sitting at the steering wheel with the key in the ignition.

In Nebraska, drivers can also be arrested for driving under the influence if there is probable cause for arrest, such as slurred speech or a swerving vehicle, regardless of whether your blood alcohol level is above the legal limit.

Nebraska DUI Penalties

First offense

  • Jail time from 7 to 60 days
  • Fine up to $500
  • Up to six months’ license suspension, or one year if your BAC is .15 or higher
  • Alcohol assessment and possible treatment for drivers with an alcohol problem

Second offense

  • Jail time from 30 to 90 days, or 90 days up to one year if your BAC is .15 or higher
  • Fine up to $500, or $1,000 (if your BAC is .15 or above)
  • One-year license suspension, or one to 15 years if your BAC is .15 or higher

Other possible penalties include vehicle immobilization from 5 days to 8 months and possible vehicle impoundment and installation of an ignition interlock device in your vehicle. The judge may also order alcohol assessment or alcohol treatment if the driver has a serious drinking problem.

Third offense

  • Jail time from 90 days up to one year, or 180 days up to five years if your BAC is .15 or higher
  • Fine up to $600, or up to $10,000 if your BAC is .15 or higher
  • License suspension from two to 15 Years, or five to 15 Years if your BAC is .15 or higher

Other possible penalties include vehicle immobilization from 5 days to 8 months and possible vehicle impoundment and ignition interlock device installation. And again, the judge may also order alcohol assessment or treatment if the driver has a drinking problem.

Refusing a Sobriety Test

If you refuse a sobriety test upon being stopped by a peace officer on suspicion of driving under the influence, you will receive mandatory 90-day license impoundment for the first, second and third offenses. You may also be subject to jail time: seven days for the first offense, 30 days for a second offense, and 90 days for a third offense.

Is It Possible to Obtain a Restricted License in Nebraska?

A Nebraska DUI offender can apply for a restricted license. A restricted license allows you to drive to and from specific locations, such as work and school.

DUI Programs

DUI offenders in Nebraska may have to spend at least eight hours in a DUI educational program; however, enrollment is based on the circumstances involved in a particular offender’s case. In this type of program, drivers can expect to learn about the negative effects of alcohol as well as receive individual and group treatment. Costs vary for Nebraska DUI programs.