Nebraska DUI Laws

Nebraska places drunk driving under the state per se law. If your blood alcohol level is at or above the legal limit within two hours of operating a motorized vehicle, you will be arrested on a DUI. In Nebraska, your first DUI will be treated just as harshly as your second DUI. It will result in mandatory jail time and immediate loss of your driver’s license. All DUI convictions have a mandatory jail time, license suspension, and court ordered substance abuse treatment attached to the charge. Nebraska DUI laws are strictly adhered to and the penalties and fines are increased for repeat offenders and individuals charged with extreme DUI. A repeat offender in the state of Nebraska will be charged with a felony conviction. These rules apply to other substances such as drugs and inhalants.

Nebraska’s implied consent law goes into effect when you sign your driver’s license, register your car and drive on Nebraska roads. You will lose your driver’s license for 1 year if your refuse to take a blood alcohol, breath or urine test. The DMV may take the vehicle of a repeat offender for a set time period or they may take your vehicle permanently when you are arrested and convicted of DUI. You will have to pay fines and administrative fees to get the vehicle back. You may also be required to install the Ignition Interlock Device (IID) on your vehicle at your own expense.

The BAC for Nebraska is .08% or higher. A BAC of .15% or higher is considered extreme DUI. Nebraska has a zero tolerance law in place for underage drinkers. This includes anyone under 21. Underage drinkers caught driving with a BAC of 0.01% will be charged with a DUI. Over the counter cough medicine can put you over the limit. The BAC for commercial drivers, this is anyone hauling merchandise or people, is .04%. Your fourth arrest for DUI becomes a felony. The penalties for a DUI will depend upon the circumstances of the arrest.



Your first conviction for DUI is considered a Class W misdemeanor. You will face a mandatory 7 days in jail and may receive up to 60 days of jail time. Your fines could be as high as $500.00. Your license may be suspended for 6 months unless your BAC was .15% or more in which case you may receive up to 1 year of jail time. You may also be required to complete an alcohol assessment or treatment program.

The second DUI will result in a minimum of 30 days to a maximum of 90 days in jail. If the BAC level is .15% or more the minimum jail sentence is 90 days to a maximum of 1 year. The fines are $500.00 for a BAC of .08% to less than .15% and $1,000.00 for BAC levels over .15%. Your license will be suspended for 1 year. If your BAC is considered extreme you may lose your license for 1 to 15 years. Your vehicle may be immobilized between 5 days to 8 months or it may be impounded. If you are given a restricted license you will have to install the ignition interlock device (IID) on your vehicle at your own expense. You may also be required to participate in an alcohol assessment or treatment program.

The third DUI will result in a minimum of 90 days to a maximum of 1year in jail. If the BAC level is .15% or more the minimum jail sentence is 180 days to a maximum of 5 years. The fines are $600.00 for a BAC of .08% to less than .15% and $10,000.00 for BAC levels over .15%. Your license will be suspended for 2 to 15 years. If your BAC is considered extreme you may lose your license for 5 to 15 years. Your vehicle may be immobilized between 5 days to 8 months or it may be impounded. If you are given a restricted license you will have to install the ignition interlock device (IID) on your vehicle at your own expense. You may also be required to participate in an alcohol assessment or treatment program.

The fourth DUI is considered a Class III Felony. It will result in a minimum of 180 days to a maximum of 5 years in jail. If the BAC level is .15% or more the minimum jail sentence is 1 year to a maximum of 20 years. The fines may be as high as $10,000.00 for a BAC of .08% to less than .15% and $25,000.00 for BAC levels over .15%. Your license will be suspended for 15 years. Your vehicle may be immobilized between 5 days to 8 months or it may be impounded. If you are given a restricted license you will have to install the ignition interlock device (IID) on your vehicle at your own expense. You may also be required to participate in an alcohol assessment or treatment program.

The fifth DUI is considered a Class III Felony. It will result in a minimum of 1 year to a maximum of 20 years in jail. If the BAC level is .15% or more the minimum jail sentence is 1 year to a maximum of 50 years. The fines may be as high as $25,000.00. Your license will be suspended for 15 years. Your vehicle may be immobilized between 5 days to 8 months or it may be impounded. If you are given a restricted license you will have to install the ignition interlock device (IID) on your vehicle at your own expense. You may also be required to participate in an alcohol assessment or treatment program.