Nebraska DUI Penalties

Nebraska DUI laws and penalties

Each State within the United States has the authority to write their own laws on Driving Under the Influence, or better known as DUI. within this article we will explore the different laws within the State of Nebraska and their penalties. To begin with, Nebraska has what is known as a fifteen year "Lookback Period". This means that any prior DUI's you have aquired over the past fifteen years are now relevant to the sentencing you are now facing with your current DUI charges. This is also known as a "washout" period. 

What constitutes a high BAC for a DUI in Nebraska?

  • Under 21: .02%
  • 21 or Older: .08%
  • Commercial: .04%

There is never an acceptable time to drink and drive as your vision, reasoning, along with your ability to make important decisions and judgments is severely hindered and are not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different, and their tolerance level for alcohol is severely unpredictable making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical tests on suspecting DUI offenders. If you are pulled over and are requested to take a chemical test to determine your BAC, or Blood Alcohol Content, the State of Nebraska has an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, the penalties you will be facing are as follows:

  • First Offense: 90 day license suspension
  • Second Offense: 90 day license suspension
  • Third Offense: 90 day license suspension

What are the penalties within the Nebraska DUI laws?

There are several penalties within the Nebraska DUI laws and we will explore those in this section. Should you be pulled over and found guilty of Driving Under the Influence of alcohol within the boarders of the State of Nebraska, the following are the penalties you will be facing:

Penalty of Jail

  • First Offense: 7 to 60 days
  • Second Offense: 30 days to 1 year
  • Third Offense: 90 days to 1 year
  • Fourth Offense: 180 days to 5 years
  • Fifth Offense: 1 to 20 years

Penalties and Fines

  • First Offense: Up to $500
  • Second Offense: Up to $1,000
  • Third Offense: Up to $10,000
  • Fourth Offense: Up to $25,000
  • Fifth Offense: Up to $25,000

Penalty of License Suspension

  • First Offense: Up to 60 days
  • Second Offense: 1 year
  • Third Offense: 2 to 15 years
  • Fourth Offense: 15 years
  • Fifth Offense: 15 years

Penalty of Ignition Interlock Device (IID)

  • First Offense: No
  • Second Offense: Possible 
  • Third Offense: Possible
  • Fourth Offense: Possible 
  • Fifth Offense: Possible


It is important to note that laws change, as well as their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State, and each may choose to enforce the laws in different ways, it is important to prepare for the unexpected. For this reason, you would be wise to retain the services of an experienced and professional lawyer who is well versed in Nebraska DUI laws, and is capable of giving you the direction you need on your specific case, along with being fully aware of the current laws pertaining to DUI. 

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