Nebraska DUI State Laws (2023)

FAQs

What are the DUI rules in Nebraska? ›

In Nebraska, if a driver's BAC reaches 0.08% or higher, the person is driving while intoxicated. This is called a "per se" BAC limit DUI law which means that no other evidence is needed to support a DUI conviction. For drivers under the legal drinking age of 21 years old, the BAC limit is 0.02%.

The penalties for a first offense DUI in Nebraska include 7-60 days in jail, a $500 fine and a six month license revocation. The court can also place you on probation, in which case you can usually avoid jail time. You would still be required to pay a $500 fine and the minimum license revocation period is 60 days.

Nebraska Revocation Laws and Procedures

Those ALR rules dictate that your driver's license can be revoked immediately following an arrest for DUI. The law authorizes a law enforcement officer to immediately confiscate your driver's license at the time of your arrest.

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 conviction carries 180 days to three years in jail, up to $10,000 in fines, and a 15-year license revocation.

Arizona is the state with the harshest DUI laws and the only one to earn a perfect 5.0-star rating. Arizona's tough laws include mandatory ignition interlock devices for all DUI convictions. Having a child in the vehicle when arrested for a DUI is also considered a felony in Arizona.

The minimum and maximum sentences for intoxicated driving in Nebraska are as follows: First DUI offense: A $500 fine, a 6-month license suspension, and between 7 and 60 days in jail. Second DUI offense: A $500 fine, an 18-month license suspension, and between 30 days and 180 days in jail.

In Nebraska, there is a “set aside law”, which allows you to file a motion to set aside a conviction which includes DUI convictions. In order to qualify for it, you must have only received a fine only or finished your probation. A motion is filled which will then schedule a hearing that you must attend.

This law authorizes law enforcement to immediately confiscate a driver's license as a result of a Driving Under the Influence (DUI) arrest. Drivers, who are eligible, may receive a temporary license for 15 days. Revocation periods are as follows: 180 days – for first offense (for failure of test)

You have to renew your ignition interlock permit every six months unless you can get your license back. However, the court cannot order you to use the ignition interlock for longer than the maximum period of your license suspension.

DUI and DWI are the most commonly used acronyms, and are interchangeable in most states including Nebraska. While people use variations of these acronyms, the Nebraska Revised Statute 60-6,197.03 refers to the offense as, “Driving under the influence of alcoholic liquor or drugs.” Therefore, the only legal term is DUI.

How much does a DUI cost Nebraska? ›

The average cost for a first-time DUI conviction is $500. The driver can be sentenced to between 7 and 60 days in jail in addition to receiving a maximum license suspension of six months. The license revocation is increased to one year if the driver's BAC was over . 15%.

If you have been charged with a “non-aggravated” DUI this means that your blood alcohol level, or BAC, was below 0.15 at the time you were operating the motor vehicle which led to your arrest. Nebraska Revised Statute 60-6,196 makes it a crime to operate a motor vehicle with a BAC level of 0.08 or above.

Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol concentration in violation of section 60-6,196 shall be placed under arrest. Any person who refuses to submit to such preliminary breath test shall be guilty of a Class V misdemeanor.

Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is . 08 or more. Drivers of commercial vehicles are legally drunk when their blood alcohol concentration is . 04 percent or greater.

Misdemeanor prosecutions must commence within 18 months after the offense was committed except, if the offense carries a fine or not more than $100 and a period of incarceration not to exceed three months, the statute of limitations is 12 months.

Washington D.C. the lowest rate of DUI arrests by far. Our nation's capital has a rate of only 3.2 arrests per 100k people. That's 82.7% lower than the state with the second lowest rate of DUI arrests, Illinois. Illinois has a DUI arrest rate of 18.4.

Vermont is the only state where your first DUI can get you up to two years in jail, while imprisonment time can go up to 2 and a half years in Massachusetts. Wisconsin and New Hampshire don't have any jail time penalties for drunk driving. In Mississippi, first-time offenders get up to 48 hours in prison.

Zero Tolerance – Nebraska .02 Law

The Nebraska . 02 law or “zero tolerance law” is a law to prevent minors from drinking and driving. Under the law, minors (defined as anyone under age 21) are prohibited from driving with more than . 02 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

How long does a DUI affect your insurance in Nebraska? ›

A DUI in Nebraska can affect insurance for up to 5 years, depending on how far back the insurance company checks a driver's record. Most insurers look at the past 3-5 years on a driver's motor vehicle record when calculating premiums, but some look even further for major violations like DUI.

Qualifying for a Nebraska DUI diversion program can benefit an offender in both short- and long-term ways. As with most states, only certain counties participate in the Nebraska DUI diversion program, and there are strict requirements to qualify and to have your participation considered finished.

An aggravated DUI charge could result from a variety of circumstances that include a high BAC, refusing a breath test or a prior offense record. A strong defense may reduce the penalties for an aggravated DUI and lessen its impact on your life.

Nebraska Ignition Interlock Laws

Had a breath alcohol concentration (BAC) level of . 08 percent or higher.

First Offense – Class W Misdemeanor: $500 fine, up to 60 days in jail, 60 days to 6 months license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period – device must be used for the remainder of the revocation period), alcohol abuse ...

According to the Nebraska Legislature, most first and second DWI offenses in the state are misdemeanors. For first offenses regardless of BAC and second offenses with BAC levels below 0.15%, the charge may be a Class W misdemeanor.

A first DUI conviction is a class W misdemeanor. The criminal penalties imposed for a first offense depend on the defendant's BAC and whether the defendant is given a probationary sentence (also called a "suspended sentence"). Penalties are typically more severe if the defendant's BAC was . 15% or more.

2) Lawyer – Most DUI attorneys in Omaha will charge a flat fee for your DUI defense. That fee is typically between $800 and $1,500 depending on the circumstances.

Is first offense DUI a felony in Nebraska? ›

In Nebraska, an individual's first DUI offense is a misdemeanor. At a minimum, those convicted of driving under the influence of alcohol in Nebraska may: Spend seven days in jail. Have their driver's license suspended for six months.

These can vary significantly, too. A first-time DUI offender can expect to pay between $150-$1,800. Besides the fines assessed by the court, you'll incur other charges, including fees for probation ($200-$1,200), fees for spending time in jail ($10-$300), and fees for sentencing ($100-$250).

The penalty upon conviction of a fourth DUI offense in Nebraska: Fine: up to $10,000 fine. Jail: up to 5 years in city / county jail or adult correctional facility.

Second-Time DUI Penalties

If the individual had a blood alcohol content of 0.08 but less than . 15, he or she faces a mandatory minimum of 30 to 180 days in jail and a $500 fine. Also, the person's license is revoked for 18 months if he or she is not given probation.

Third-Time DUI Penalties

When someone is charged with an aggravated third-offense DUI, he or she is charged with a Class 3A felony with a mandatory minimum of 180 days up to three years in jail. He or she may be fined up to $10,000 and his or her license could be revoked for 15 years.

The bottom line is that refusing to take the sobriety tests will cost more in the long run, including larger fines and fees, longer license suspension, and possibly longer jail time if it's not your first offense. 5 If you are stopped, your best bet is to take the tests.

In Nebraska it is not against the law to refuse to perform field sobriety tests. SLS suggests that you politely but firmly refuse to do the field sobriety tests. The officer uses field sobriety tests to establish probable cause to arrest you for DUI.

By not blowing, you will not know if you were under the limit, perhaps resulting in no charge being laid. And if you are over the limit and refuse the breathalyzer, you compromise your defences. The police do have to tell you that refusal is a criminal offence, and they may even describe the penalties for refusal.

0.10 – 0.12% – Obvious physical impairment and loss of judgment. Speech may be slurred. 0.13 – 0.15% – At this point, your blood alcohol level is quite high. You'll be affected by blurred vision, loss of coordination and balance, and potentially dysphoria (anxiety or restlessness).

Generally, a . 08 BAC level requires an average adult male to consume about four drinks (12-ounce beers) over two hours. However, this number is highly individualized as body weight and certain food consumption also affects BAC levels.

How many drinks is 0.08 BAC? ›

Standard Drinks and BAC

For every one drink, your BAC goes up by about 0.02 percent, so reaching a BAC of 0.08 percent takes about four to five drinks.

SR-22 needs to be on file for three (3) years from the date eligible for reinstatement. No Proof of Insurance – license suspension resulting from a court conviction for no proof of insurance. SR-22 needs to be on file for three (3) years from the date the ticket was issued.

The penalties for a first offense DUI in Nebraska include 7-60 days in jail, a $500 fine and a six month license revocation. The court can also place you on probation, in which case you can usually avoid jail time. You would still be required to pay a $500 fine and the minimum license revocation period is 60 days.

Nebraska Revocation Laws and Procedures

Those ALR rules dictate that your driver's license can be revoked immediately following an arrest for DUI. The law authorizes a law enforcement officer to immediately confiscate your driver's license at the time of your arrest.

How Long Does a DUI Stay on Your Record in Nebraska? A DUI will stay in your record for 5 years. Nebraska goes by a point system for all drivers, and if a driver accumulates 12 points, their license will be permanently suspended. A DUI first offense will add 6 points to your record.

This section (formerly subsection (2) of section 60-6,196) authorizes a trial court to consider prior convictions of a defendant for driving under the influence of alcoholic liquor or drug within the 12 years prior to the offense for which a defendant currently stands trial and is not ex post facto as to a conviction ...

The Difference Between an OWI and a DUI

A person who is charged with a DUI is accused of driving while intoxicated. A person who is charged with an OWI is accused of operating while under the influence.

The average cost for a first-time DUI conviction is $500. The driver can be sentenced to between 7 and 60 days in jail in addition to receiving a maximum license suspension of six months. The license revocation is increased to one year if the driver's BAC was over . 15%.

You may file a pretrial motion called a motion to suppress. The Court will schedule a hearing at which the officer must testify and be subject to your examination. If the Court rules that the stop was unjustified, then all evidence obtained as a result of that stop cannot be used against you at trial.

SR-22 needs to be on file for three (3) years from the date the ticket was issued. Court Ordered Revocations – license revocation resulting from a court conviction wherein the court ordered the license to be revoked for a specific period of time.

What is the blood alcohol limit in Nebraska? ›

Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is . 08 or more. Drivers of commercial vehicles are legally drunk when their blood alcohol concentration is . 04 percent or greater.

In Nebraska, aggravated DUI penalties allow for a significant amount of jail time. An aggravated DUI in Nebraska is any offense involving a chemical test where the BAC registered at 0.15% or greater and any offense based on a prior conviction. If it is your first offense, you could go to jail for 7 to 60 days.

In State v. McCave, the Nebraska Supreme Court found that one cannot be convicted of a DUI (Driving Under the Influence) when operating a vehicle on private property that is not open to public access.