Nebraska DUI Laws & Penalties

Nebraska DUI Laws Overview

Per the Nebraska DUI laws it is unlawful for any person to operate or be in physical control of a motor vehicle while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration level of .08% or greater, to do so would be a violation of Nebraska’s ‘per se’ law.

You can also be arrested for driving under the influence in Nebraska even if your blood alcohol level is below the legal limit of .08% if you are stopped on suspicion of driving under the influence and the officer who stopped you is able to establish probable cause that you are in fact under the influence.

The officer will use a number of factors to determine if you are driving under the influence or your ability to operate a motor vehicle has been impaired including: observing your driving behavior before the actual stop this would include observing if you swerve over the designated lane markers, swerving within your lane, making wide turns and not maintaining the posted speed limit.

During the stop the officer will be observing your behavior and mannerisms for signs of impairment, your failing any part of the field sobriety tests (if you submitted to them) and failing or refusing to submit to a breath, blood or urine test.

It should be noted that you are not required by law to submit to the field sobriety tests, you must, however, submit to a chemical test per Nebraska’s implied consent law. If an officer requests that you submit to a chemical test and you refuse, the officer is required to inform you of the penalty for test refusal and he must then ask you again if you will submit to a chemical test.

Nebraska Administrative License Revocation (ALR)

If the arresting officer is able to establish probable cause that you have been driving under the influence the officer will enforce the Nebraska ALR law which allows the officer to immediately confiscate your driver’s license. Here are the guidelines outlined it section 60-498.01 through 60-498.04 of the Nebraska ALR law:

The officer pulls a suspect over on suspicion of DUI and if the officer establishes probable cause the driver is arrested.
The officer requests that the driver submit to a chemical test.
If the driver fails a chemical test, the officer will confiscate the driver’s license and inform the driver that their license will be revoked for 30 days.
If the driver refuses to submit to a chemical test, the officer must inform the driver of the penalties for refusal which is a 1-year automatic license revocation and ask the driver again if they will submit to the chemical test.
The arresting officer will provide the driver with a temporary permit that will allow you to drive for 30 days from the date of the arrest. The permit also contains information regarding Nebraska’s administrative hearing process.
The officer will then forward all of the evidence he has collected along with the confiscated driver’s license to the Department of Motor Vehicles.

You must request an administrative hearing with the Nebraska DMV to challenge the revocation of your license within 10 days of the date of the revocation of your license if you want to try and avoid a revocation of your license. At the hearing the Director of motor vehicles will review all of the evidence presented by the arresting officer against you.

You and your lawyer may only present evidence in your defense that shows that you did not fail or refuse to take a chemical test. Any other information will not be allowed at these hearings. After reviewing all of the evidence the Director of motor vehicles will make the final determination as to whether or not the officer established probable cause, followed procedures, whether or not you did or did not fail or refuse a chemical test.

If the Director determines that you did in fact fail or refuse the chemical test the revocation of your license will be upheld by the DMV. If the Director rules in your favor, the revocation of your license will be dismissed and your license will be returned to you.

If the revocation of your license is upheld you will have to pay a $125 fee along with filing proof of financial responsibility in the form of a Nebraska SR22 insurance policy that meets the states minimum auto insurance coverage requirements with the DMV before they will reinstate your license at the end of your revocation period or issue you a ignition interlock restricted license.

Nebraska First Offense DUI Penalties

A Nebraska first offense DUI is a Class W Misdemeanor offense and carries the following fines and penalties:

Jail time: The mandatory minimum jail sentence for a first offense is 7 days up to the maximum jail sentence of 60 days. The minimum jail sentence may be served as community service.
Fines: The fines for a first offense can be up to $500 plus applicable court costs.
Test refusal: A first refusal will result in a license revocation of 90 days. You may apply for a restricted license after 60 days have passed with the installation of an ignition interlock.
Ignition interlock: An ignition interlock will be required to drive during suspension period.
License revocation: First time offenders who submitted to a chemical test will be eligible for an ignition interlock restricted license after 15 days of the suspension period has been served. One of the requirements of being issued a restricted license or just for getting your license reinstated at the end of your revocation period will be to file an SR22 with the DMV in the form of a Nebraska SR22 insurance policy that meets the states minimum requirements for auto insurance coverage limits.

Nebraska Second Offense DUI Penalties

A Nebraska second offense DUI is a Misdemeanor offense and carries the following fines and penalties:

Jail time: The mandatory minimum jail sentence for a second offense with a BAC of less than .15% is 30 days up to the maximum jail sentence for a second offense of 90 days. If you are placed on probation the jail sentence for a BAC below .15% will be 10 days along with a minimum of 240 hours of community service. If your BAC level is .15% or greater the mandatory minimum jail sentence will be 90 days up to a maximum jail sentence of 1-year. If you are placed on probation the jail sentence for a BAC of .15% or greater will be 30 days. The length of the jail sentence will be at the court’s discretion based upon the circumstance surrounding your case and any previous convictions.
Fines: The fines for a second offense will be between $500 and $1,000 plus applicable court costs.
Test refusal: A second refusal will result in a license revocation of 90 days. You may apply for a restricted license after 60 days have passed with the installation of an ignition interlock.
Ignition interlock: An ignition interlock will be required to drive during suspension period.
Vehicle immobilization: Your vehicle will also be immobilized at your expense for not less than 5 days and no more than 8 months.
License revocation: Your license will be revoked for a minimum of 1 year for a second offense conviction. Second time offenders who’s BAC level was .15% or greater will have their license revoked for 15 years and may be eligible for an ignition interlock restricted license after 1 year of the revocation period if they meet the requirements for one set forth by the Nebraska DMV. One of the requirements of being issued a restricted license or just for getting your license reinstated at the end of your revocation period will be to file an SR22 with the DMV in the form of a Nebraska SR22 policy that meets the states minimum requirements for auto insurance coverage limits. It should also be noted that the revocation period does not start until you have completed your jail sentence.

Nebraska Third Offense DUI Penalties

A Nebraska third offense DUI is a Misdemeanor offense and carries the following fines and penalties:

Jail time: The mandatory minimum jail sentence for a third offense with a BAC of less than .15% is 90 days up to the maximum jail sentence for a third offense of 1 year. If you are placed on probation the jail sentence for a BAC below .15% will be 30 days. If your BAC level was .15% or greater the mandatory minimum jail sentence will be 180 days up to a maximum jail sentence of 5 years. If you are placed on probation the jail sentence for a BAC of .15% or greater will be 30 days.

Fines: The fines for a third offense will be between $1,000 and $10,000 plus applicable court costs.
Test refusal: A third refusal will result in a license revocation of 90 days. You may apply for a restricted license after 60 days have passed with the installation of an ignition interlock.
Ignition interlock: An ignition interlock will be required to drive during suspension period.
Vehicle immobilization: Your vehicle will also be immobilized at your expense for between 5 days and 8-months.
License revocation: Your license will be revoked for a minimum of 15 years for a third offense conviction or a minimum of 2 years if placed on probation. Third time offenders who’s BAC level was .15% or greater will have their license revoked for 15 years or a minimum of 5 years of placed on probation. One of the requirements of getting your license reinstated at the end of your revocation period will be to file an SR22 with the DMV in the form of a Nebraska SR22 policy that meets the states minimum requirements for auto insurance coverage limits. It should also be noted that the revocation period does not start until you have completed your jail sentence.

Nebraska Fourth Offense DUI

A Nebraska fourth offense DUI is a Misdemeanor offense unless your BAC level was .15% or greater and then a fourth offense is a Class III Misdemeanor. A fourth offense conviction carries the following fines and penalties:

Jail time: The mandatory minimum jail sentence for a fourth offense with a BAC of less than .15% is 180 days up to the maximum jail sentence for a fourth offense of 5 years. If you are placed on probation the jail sentence for a BAC below .15% will be 90 days. If your BAC level is .15% or greater the mandatory minimum jail sentence will be 1-year up to a maximum jail sentence of 20-years. If you are placed on probation the jail sentence for a BAC of .15% or greater will be 120 days. The length of the jail sentence will be at the court’s discretion based upon the circumstance surrounding your case and any previous convictions.
Fines: The fines for a fourth offense will be $1,000 up to $10,000 plus applicable court costs.
Vehicle immobilization: Your vehicle will also be immobilized at your expense for between 5 days and 8-months.
Ignition interlock: An ignition interlock will be required to drive during suspension period.
License revocation: Your license will be revoked for a minimum of 15 years for a fourth offense conviction. Fourth time offenders who’s BAC level was .15% or greater will have their license revoked for 15 years. One of the requirements of getting your license reinstated at the end of your revocation period will be to file an SR22 with the DMV in the form of a Nebraska SR-22 insurance policy that meets the states minimum requirements for auto insurance coverage limits. It should also be noted that the revocation period does not start until you have completed your jail sentence.

Nebraska CDL DUI

A person operating a commercial motor vehicle in the state of Nebraska while under the influence due to the consumption of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation.

If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an “out-of-service” notice and will not be allowed to drive for the next 24-hours.

Nebraska DUI Under 20 Years of Age

A first offense violation of Nebraska’s “zero tolerance” law for anyone under 20 years of age will result in your license being impounded by the DMV for up to 30 days. A second violation of Nebraska’s zero tolerance law under the age of 20 will result in your license being suspended or revoked for a time period to be set by the DMV.

If you are under 20 years of age and your blood alcohol concentration level was .08% or greater you will be facing the same fines and penalties as someone over the age of 20 would be facing for the same violation.

Nebraska SR22 Requirements

Before the Nebraska Department of Motor Vehicles will reinstate your license following your revocation period or before issuing you an ignition interlock restricted license, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.

At anytime during this 3-year period if there is a lapse in your Nebraska SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Department of Motor Vehicles of the lapse. If a lapse in coverage occurs, the Nebraska DMV will immediately revoke your license and you will be required to re-file an SR22 form with the DMV before they will issue you another license. This will also mean that your 3-year required SR22 filing period will start over.

Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Nebraska and has worked out a special discount only available here for our website visitors.

Additional Nebraska DUI Resources

Nebraska First Offense DUI – First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
Nebraska SR22 Insurance Filing – We have compiled everything you need to know about Nebraska’s SR22 insurance and filing requirements including important addresses, phone numbers, etc.
Nebraska DUI Classes – We offer a complete listing of state approved DUI & alcohol abuse classes.
Nebraska Bail Bondsmen – Comprehensive list of Nebraska bail bond agents including address, phone, website, etc.