A Complete Guide to Nebraska DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Nebraska DUI Laws: From First Offense to Felony Charges

Introduction

Nebraska, known for its vast plains and agricultural heartland, maintains stringent laws against impaired driving, referred to as "Driving Under the Influence" (DUI). These laws are designed to deter individuals from operating vehicles while affected by alcohol or drugs, aiming to enhance public safety across the state. Penalties for DUI in Nebraska are severe and escalate significantly for repeat offenses, higher Blood Alcohol Content (BAC) levels, or those involving aggravating factors such as serious injury or death. Understanding these regulations is paramount for anyone driving in Nebraska.

The General Framework of Nebraska DUI Laws

In Nebraska, a person can be charged with DUI if they are found to be operating or in "actual physical control" of a motor vehicle while:

Under the influence of alcoholic liquor or any drug to a degree that renders them incapable of safely operating a vehicle. OR
Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more (this is a "per se" violation, meaning no other evidence of impairment is needed).
Having any amount of a Schedule I or II controlled substance (or their metabolites) in their body, as defined by state law.

Need a lawyer in your state?

Check out our 'finding a lawyer' page.

Per Se DUI Law: Nebraska operates under a "per se" law for alcohol impairment. If your BAC is at or above a certain legal limit, you are legally presumed to be intoxicated, regardless of whether your driving appears impaired.

For drivers 21 and older: The legal BAC limit is $0.08%$ .
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Zero Tolerance Law): If a driver under 21 has a BAC of $0.02%$ or more, they face a DUI charge under Nebraska's zero-tolerance law, leading to specific penalties for minors. If their BAC is $0.08%$ or higher, they also face the same penalties as an adult.

Even if your BAC is below the specific "per se" limits, you can still face DUI charges if law enforcement can prove that your driving ability was "impaired" by alcohol or drugs based on observations, field sobriety tests, or other evidence. The law is written broadly to include being in "actual physical control" of a vehicle, meaning you don't necessarily have to be driving; sitting in the driver's seat with the engine running, or even sleeping in the vehicle with the keys accessible, could constitute actual physical control.

Implied Consent Law

Nebraska has a robust implied consent law (Nebraska Revised Statute § 60-6,197). By operating a motor vehicle in Nebraska, you are legally deemed to have given your consent to a chemical test (blood, breath, or urine) to determine the concentration of alcohol or the presence of drugs in your system if a law enforcement officer has reasonable grounds to suspect impairment and lawfully arrests you for DUI.

Refusal to Test: Refusing to submit to a chemical test after a lawful arrest for DUI in Nebraska carries immediate and severe administrative penalties from the Nebraska Department of Motor Vehicles (DMV), separate from any criminal prosecution. Your refusal can also be used as evidence against you in court.

First refusal: Automatic 1-year driver's license revocation. There is no eligibility for an Ignition Interlock Permit (IIP) or restricted driving privileges during this period.
Second refusal: Longer license revocation periods, and continued ineligibility for an IIP for an extended "no-drive" period.

This administrative revocation becomes automatic 15 days after the date of arrest unless you request an administrative hearing with the DMV within that time frame to challenge the revocation.

Nebraska DUI Statistics

Impaired driving continues to be a significant public safety concern in Nebraska. While precise, real-time statistics for 2024 are still being compiled, preliminary data from the Nebraska State Patrol and other sources highlight the ongoing challenge:

In 2024 (preliminary data), the Nebraska State Patrol reported a 23% rise in DUI arrests compared to the previous year, indicating increased enforcement and/or prevalence of impaired driving.
In 2021, there were 65 fatalities due to alcohol-impaired driving, with preliminary data projecting 66 for 2022 through 2026.
Alcohol-related crashes are a major contributor to injuries and fatalities on Nebraska roads.

These statistics underscore the state's ongoing efforts to combat impaired driving through enforcement and public awareness campaigns like "Drive Sober or Get Pulled Over."

Penalties for DUI in Nebraska

Nebraska's DUI penalties are substantial and become significantly more severe with each subsequent conviction. Nebraska uses a 15-year "look-back" period to determine if a DUI offense is a repeat offense. This means any DUI conviction within the past 15 years will count as a prior offense for sentencing enhancement.

First Offense DUI (Class W Misdemeanor)

For a first-time DUI conviction in Nebraska (no prior convictions within the last 15 years):

Jail Time: 7 days to 60 days.
- However, if granted probation/suspended sentence: 0 days jail with a mandatory 60-day license revocation (with IID).
Fines: $500.
License Revocation: 6 months.
- Ignition Interlock Permit (IIP) / Restricted Driving: Eligible to apply for an IIP after 60 days of revocation, requiring mandatory Ignition Interlock Device (IID) installation for the remainder of the revocation period.
Alcohol Assessment & Treatment: Mandatory completion of a court-ordered alcohol assessment and any recommended education or treatment program.
First Offense Aggravated DUI (BAC $0.15%$ or greater):
- Jail Time: 7 days to 60 days.
- If granted probation/suspended sentence: Mandatory 2 days jail or 120 hours of community service.
- Fines: $500.
- License Revocation: 1 year.
- Ignition Interlock Permit (IIP) / Restricted Driving: Eligible to apply for an IIP after 60 days of revocation, requiring mandatory IID installation for the remainder of the revocation period.
- Alcohol Assessment & Treatment: Mandatory.

Second Offense DUI (within 15 years - Class W Misdemeanor)

Jail Time: 30 days to 6 months imprisonment. Mandatory minimum 30 days jail.
- If granted probation/suspended sentence: Mandatory 10 days jail or 240 hours community service.
Fines: $500.
License Revocation: 18 months.
- Ignition Interlock Permit (IIP) / Restricted Driving: Eligible to apply for an IIP after 45 days of "no-drive" period, requiring mandatory IID installation for the remainder of the revocation period.
Alcohol Assessment & Treatment: Mandatory comprehensive program.
Second Offense Aggravated DUI (BAC $0.15%$ or greater or First Refusal - Class I Misdemeanor):
- Jail Time: 90 days to 1 year imprisonment. Mandatory minimum 90 days jail.
- If granted probation/suspended sentence: Mandatory 30 days jail.
- Fines: $1,000.
- License Revocation: 1 year up to 15 years.
- Ignition Interlock Permit (IIP) / Restricted Driving: Eligible to apply for an IIP after 45 days of "no-drive" period, requiring mandatory IID installation for the remainder of the revocation period.
- Alcohol Assessment & Treatment: Mandatory comprehensive program.

Third Offense DUI (within 15 years - Class IIIA Felony if BAC < 0.15%, Class III Felony if BAC >= 0.15%)

Jail/Prison Time:
- BAC < $0.15%$ : 90 days to 1 year jail (Class W Misdemeanor if non-aggravated, often treated as a felony due to prior history)
  - If probation/suspended sentence: Mandatory 30 days jail.
- BAC $\geq 0.15%$ (Aggravated Third DUI): 180 days to 3 years imprisonment (Class IIIA Felony). Mandatory minimum 180 days jail.
  - If probation/suspended sentence: Mandatory 60 days jail plus 60-180 days of Continuous Alcohol Monitoring (CAM).
Fines: $1,000 to $10,000.
License Revocation: 5 years up to 15 years.
- Ignition Interlock Permit (IIP) / Restricted Driving: Eligible to apply for an IIP after 45 days (or 60 days for aggravated) of "no-drive" period, requiring mandatory IID installation for the remainder of the revocation period.
Vehicle Impoundment/Forfeiture: Possible.
Felony Criminal Record: A permanent felony conviction with severe lifelong implications for aggravated third offenses.

Fourth and Subsequent Offense DUI (Class IIIA Felony to Class II Felony)

Fourth Offense (within 15 years): Class IIIA Felony.
- Prison Time: Up to 3 years imprisonment. Mandatory minimum 180 days jail.
- Fines: Up to $10,000.
- License Revocation: Up to 15 years.
Fourth Offense Aggravated (BAC $\geq 0.15%$ - Class IIA Felony):
- Prison Time: 1 year to 20 years imprisonment. Mandatory minimum 1 year.
- Fines: Up to $25,000.
- License Revocation: 15 years.
Fifth or Subsequent Offense (Aggravated - Class II Felony):
- Prison Time: 2 years to 50 years imprisonment. Mandatory minimum 2 years.
- Fines: Up to $25,000.
- License Revocation: 15 years.
Vehicle Forfeiture: Highly likely for repeat felony offenses.
Felony Criminal Record: Permanent felony conviction.

Aggravating Factors and Enhanced Penalties:

Certain circumstances automatically elevate a DUI charge or significantly increase penalties in Nebraska:

BAC of $0.15%$ or higher: Constitutes an "aggravated DUI" and significantly increases mandatory minimum jail time, fines, and license revocation periods, even for a first offense.
DUI with Child Passenger: Driving with a child under 16 years of age in the vehicle. This is a separate Class I Misdemeanor charge, carrying additional penalties including up to 1 year in jail and a $1,000 fine, in addition to the standard DUI penalties.
DUI Causing Serious Bodily Injury (Felony): If the DUI causes serious physical injury to another person, it is a Class IIIA Felony (up to 3 years prison).
Motor Vehicle Homicide (Felony): If the DUI causes the death of another person, it is a Class IIA Felony (up to 20 years prison).
Refusal to Submit to a Chemical Test: As noted, this triggers an immediate 1-year license revocation and can lead to a criminal charge (Class V misdemeanor) for refusal, carrying an additional $100 fine and 180 days license suspension if convicted.
Driving While Suspended/Revoked for DUI: Operating a vehicle while your license is already suspended or revoked for a prior DUI carries additional, separate criminal charges and penalties, including mandatory jail time.

Conclusion

Nebraska's DUI laws are comprehensive and robust, featuring a significant 15-year look-back period that ensures escalating penalties for repeat offenders. The combination of criminal sanctions (mandatory jail/prison time, substantial fines), severe administrative license revocations (including automatic 1-year revocation for test refusal with no hardship license), mandatory Ignition Interlock Device installation, and the serious felony consequences for repeat or aggravated offenses underscores the state's unwavering commitment to combating impaired driving. Understanding the various classifications of DUI, the impact of high BAC levels, the strict implied consent law, and the dual nature of criminal and administrative penalties is paramount for every driver in Nebraska. For anyone facing a DUI charge in the Cornhusker State, immediate consultation with an experienced Nebraska DUI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

From another state?

Check out our 'Laws by state' page

Search This Blog

DUI Legal Information & Support