Nebraska DUI Laws, Penalties & Fines Explained

Nebraska defines driving under the influence (DUI) as driving a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or above. Penalties for driving under the influence of alcohol or drugs include jail time, a fine, substance abuse treatment, loss of driving privileges, installation of an ignition interlock device (IID) and a requirement to wear a continuous alcohol monitoring (CAM) device. Penalties increase if a driver’s BAC is above 0.10 percent.

A first-time offender may be eligible for a diversion program. In Nebraska, the diversion program is administered by the Nebraska chapter of the National Safety Council and typically lasts between six months to one year. It involves completion of 12 to 72 hours of community service; attendance at an alcohol/drug/minor in possession course; submitting to random drug testing; and not incurring another criminal charge.

Penalties for a first offense in the state of Nebraska include: seven to 60 days of incarceration; a $500 fine; DUI education; substance abuse assessment and recommended treatment; six months' driver’s license revocation; six months of IID installation; and mandated wearing of a CAM device, according to NRS Sections 60-6,197.03 and 60-6,211.05. If the court puts the individual on probation or suspends their sentence, it will order a 60-day driver’s license revocation period, a $500 fine and require the individual to apply for an IID installation.

If the motorist had a BAC of 0.15 percent or above, penalties rise to a maximum one-year driver’s license suspension and one-year IID installation. If the court puts the individual on probation or suspends their sentence, it will order the individual to serve at least two days in jail or perform at least 120 hours of community service and pay a $500 fine. In order to be eligible for an ignition interlock permit (IIP) – a permit to drive with an IID – the driver’s DUI must have occurred in Nebraska.

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A first-time offender may be eligible for a diversion program. In Nebraska, the diversion program is administered by the Nebraska chapter of the National Safety Council. The diversion program typically lasts between six months to one year. It involves completion of 12 to 72 hours of community service; attendance at an alcohol/drug/minor in possession course; submitting to random drug testing; and not incurring another criminal charge.

If the individual successfully completes the program, the drunk driving charge will be dismissed or not be filed, according to the National Safety Council Nebraska Chapter's Frequently Asked Questions.

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Penalties for a second offense include: 30 days to six months of incarceration; a $500 fine; DUI education; substance abuse assessment and recommended treatment; 18 months' driver’s license revocation; 18 months of IID installation; and mandated wearing of a CAM device. The revocation order requires the individual not to drive for 45 days. If the court puts the individual on probation or suspends their sentence, they must serve at least 10 days in jail or perform 240 hours of community service and pay a fine of $500.

If the driver’s BAC was 0.15 percent or above, penalties rise to between 90 days and one year of incarceration, a fine of up to $1,000, and between 18 months and 15 years' driver’s license revocation. If the court puts the individual on probation or suspends their sentence, the minimum period of incarceration is 30 days. The court will require the individual to not drive for 45 days. Nebraska’s look-back period is 15 years, according to NRS Section 60-6,197.02. The penalties for a subsequent offense are specific to the offense occurring within 15 years of a prior DUI.

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Penalties for a third offense include: 90 days to one year of incarceration; a fine of up to $1,000; DUI education; substance abuse assessment and recommended treatment; 15 years of driver’s license revocation; and mandated wearing of a continuous alcohol monitoring (CAM) device. If the court places the individual on probation or suspends the sentence, it will require a minimum 30 days of incarceration; a $1,000 fine; between two and 15 years of license revocation; and the requirement that the individual not drive for 45 days.

If the driver’s BAC was 0.15 percent or above, penalties rise to between 180 days and three years of incarceration, a fine up to $10,000 and 15 years' driver’s license revocation. If the court places the individual on probation or suspends the sentence, it requires minimum of 60 days of incarceration, a $1,000 fine, between five and 15 years' driver’s license revocation, and the requirement that the individual not drive for 45 days. After the individual is released from incarceration, they must wear a CAM and abstain from alcohol use for at least 60 days.

An individual with a substance abuse addiction may be eligible to participate in a problem-solving court, but not all drivers are eligible for this program. For example, the Lancaster County Adult Drug Court is not open to individuals with a DUI charge, and the Douglas County Adult Drug Court is intended for felony offenders. In Buffalo County, an applicant must have no more than one prior felony conviction to qualify for drug court.

Generally, drug court involves regular attendance at court, engaging in substance abuse treatment, undergoing random drug testing and maintaining employment or attending school. The individual will see their charges dismissed if they successfully complete the program.

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An individual may have their driver's license revoked for 15 years as part of their sentence for a third or subsequent DUI. They can apply for a reprieve from the Nebraska Board of Pardons, but they should submit the reinstatement application to the Department of Motor Vehicles (DMV) first. If the individual is a Nebraska resident, they must drive the vehicle with an IID installed; if they are not a Nebraska resident, they must contact their home state to determine driving eligibility.

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An Employment Driving Permit (EDP) is not for individuals with one or more DUI convictions. It is for individuals who have had their license suspended or revoked for excess points on their driving record or for violation of a support order in Nebraska. The proper permit for an individual with a DUI is an Ignition Interlock Permit (IIP).

A first, second or third DUI with a BAC between 0.08 and 0.149 percent is a Class W misdemeanor, according to NRS Section 60-6,197.03. Penalties for a first conviction of a Class W misdemeanor include up to 60 days of incarceration and a $500 fine, with the mandatory minimum seven days of incarceration and a $500 fine.

Penalties for a second conviction of a Class W misdemeanor include up to six months of incarceration and a $500 fine, with the mandatory minimum of 30 days of incarceration and a $500 fine. Penalties for a third conviction of a Class W misdemeanor include up to one year of imprisonment and a $1,000 fine, with a mandatory minimum 90 days of incarceration and a $1,000 fine, according to NRS Section 28-106.

A second DUI with a BAC of 0.15 percent or above is a Class I misdemeanor. Penalties for a Class I misdemeanor include up to one year of incarceration and a fine of $1,000. There is no minimum requirement for the sentence.

A third DUI with a BAC of 0.15 percent or above is a Class IIIA felony. Penalties include up to three years of incarceration, up to 18 months of post-release supervision, a $10,000 fine and 15 years of driver’s license revocation, according to NRS Sections 28-105 and 60-6,197.03. Typically, there is no mandatory minimum period of incarceration for a Class IIIA felony, but for a third DUI with the most recent BAC of 0.15 percent or above, the mandatory minimum is 180 days of incarceration.

For a Class IIIA felony, when incarceration is imposed, the mandatory minimum for supervision is nine months of post-release supervision. If the court places the offender on probation or suspends their sentence, the individual will suffer five to 15 years of driver’s license revocation, a $1,000 fine and a minimum jail sentence of 60 days. After their release from custody, the individual is required to wear a continuous alcohol monitoring device and abstain from alcohol for 60 days. They will not be allowed to drive for 45 days.

When considering BAC levels, only the BAC of the current offense matters. For example, if the driver has two prior DUIs with a BAC between 0.08 and 0.149 percent, and a third DUI with a BAC of 0.12 percent, their third DUI will be charged as a Class I misdemeanor. If they have a third DUI in which their BAC was 0.16 percent, their third DUI will be charged as a Class IIIA felony.

It is unlawful for a driver under 21 to drive with a BAC of 0.02 percent or above, according to NRS Section 60-6,211.01. Penalties for a first offense include being found guilty of a traffic violation and 30 days of driver’s license impoundment. Penalties for refusal to submit to a chemical test include being found guilty of a traffic violation and 90 days of driver’s license impoundment, according to NRS Section 60-6,211.02. An individual with a BAC of 0.08 percent or above will be charged with a standard DUI.

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For a first refusal to take a chemical test, the penalty is one year of driver’s license revocation. For a second refusal within 15 years, the penalty is also one year of driver’s license revocation. With one prior DUI conviction, a current refusal for a potential second DUI incurs penalties that include minimum 90 days of incarceration, a $1,000 fine and between 18 months and 15 years of driver’s license revocation, according to NRS Section 60-6,197.

With two prior DUI convictions, a current test refusal for a potential third DUI incurs penalties that include minimum 180 days of incarceration, a $1,000 fine and 15 years of driver’s license revocation.

An individual's conviction can be voided by a set-aside, according to the Nebraska Judicial Branch Petition to Set Aside a Criminal Conviction. A set-aside is not similar to an expungement. When a judge sets a conviction aside, a potential employer or others can see the original conviction and the set-aside. Courts have local rules about requesting a set aside.

Nebraska will deem an individual to be a habitual criminal when they have been convicted of a third felony in Nebraska, and their history includes two prior convictions for offenses occurring in Nebraska and at least one prior conviction in another state. The sentences must be for periods of incarceration of not less than one year each, according to NRS Section 29-2221. When an individual has been deemed to be a habitual criminal, they will be incarcerated in a state prison for a mandatory minimum period of 10 years and a maximum term of 60 years.

An out-of-state DUI conviction will be deemed a prior DUI for purposes of sentence enhancement when the law under which the individual was convicted was substantially the same as Nebraska’s DUI law.

Nebraska is home to a number of Native American groups. These groups have legal jurisdiction through tribal courts over crimes that occur on their property. Tribal codes regarding DUIs may differ, but are typically substantially the same as Nebraska’s criminal statutes on DUIs.

For example, the statute on DUIs as set out in Title 3 of the Winnebago Tribal Code will be held by a Nebraska state criminal court to be substantially the same as NRS Section 60-6,197.03. This means a DUI conviction from a tribal court is highly likely to count as a prior DUI for purposes of sentence enhancement.

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