Nebraska DUI Laws: Your Guide to 1st, 2nd, and 3rd Offense Penalties

Facing a DUI charge under Nebraska DUI laws can be overwhelming, with penalties that impact your freedom, finances, and future. Knowing what to expect—whether it’s your first offense or a repeat—can make the process less daunting and help you regain control over your life.

From jail time to license revocation and the steps needed to drive legally again, understanding Nebraska’s DUI laws can provide clarity, support informed choices, and help you move forward. 

Nebraska DUI laws enforce strict penalties that vary based on the number of offenses and your blood alcohol concentration (BAC). Let's explore the penalties for a DUI in Nebraska and outline the steps needed to restore driving privileges if your license is revoked. 

Penalties for Driving Under the Influence in Nebraska

In Nebraska, the legal BAC limit for drivers aged 21 and older is 0.08%. For drivers under 21, the BAC limit is lower at 0.02%. If you are caught driving over these limits, you will be arrested for DUI. Additionally, enhanced penalties apply for drivers with a BAC of 0.15% or higher. 

Penalties for a First DUI Offense in Nebraska

• License Revocation: Under Nebraska DUI laws, a first DUI offense with a BAC under 0.15% results in a license revocation between 60 days and 6 months. You are required to apply for an Ignition Interlock Permit (IIP) and install an Ignition Interlock Device (IID) which would allow you to drive during the revocation period. However, if your BAC is 0.15% or above, your license may be revoked for 1 year. In that case, you may apply for an IIP after 60 days, allowing you to drive with an installed IID. 
• Jail Time: Jail time can range from 0 to 60 days depending on whether the case is probationary or not.
• Fines: A first offense carries a $500 fine. 
• IID Requirement: If you want to regain driving privileges during the suspension period, you must install an IID, which prevents your vehicle from starting if alcohol is detected in your breath. 
• SR-22 Insurance: Following a DUI conviction, Nebraska may require you to file for SR-22 insurance. SR-22 is a certificate of financial responsibility, and it is often necessary to reinstate your license after a DUI. Having an SR-22 certificate typically results in much higher insurance premiums, but it is a critical step to ensure that you meet state-mandated liability coverage requirements.

Penalties for a Second DUI Offense in Nebraska

• License Revocation: For a second offense, the revocation period increases to 18 months, but you can apply for an IIP after a 45-day waiting period and installation of an IID. If your BAC is 0.15% or higher, the revocation period can be up to 15 years.
• Jail Time: A minimum of 30 days in jail is required, though the sentence may be longer depending on the offense severity. 
• Fines: Another $500 fine applies. 

Penalties for a Third DUI Offense in Nebraska

• License Revocation: A third offense can lead to a license revocation of 2 years up to 15 years. Eligibility for an IIP comes after 45 days, contingent on probation and installation of an IID. 
• Jail Time: A third offense carries a minimum jail sentence of 90 days, which could extend up to 3 years if there are aggravating factors (e.g., high BAC levels). 
• Fines: You will face a $1,000 fine in addition to any court costs and IID-related expenses. 

High BAC DUI Penalties in Nebraska

Nebraska DUI laws impose stricter penalties on drivers with a BAC of 0.15% or higher. 

• First Offense: Revocation for 1 year and at least 7 days in jail. Higher BAC levels lead to harsher penalties. 
• Second Offense: Minimum 90 days in jail and up to 15 years of license revocation. 
• Third Offense: Minimum jail sentence of 180 days, with a license revocation period of up to 15 years. Probation allows you to apply for an IIP after 45 days. 

Understanding Nebraska’s Administrative License Revocation (ALR)

Nebraska DUI laws include the Administrative License Revocation (ALR) law, which enables the police to immediately confiscate your driver’s license if you fail or refuse a Breath Alcohol Content (BrAC) test at the time of arrest. These penalties are separate from those imposed in DUI court: 

• Refusing a BAC Test: Results in an automatic 1-year license revocation, regardless of the number of offenses. 
• Failing a BAC Test: Failing a BAC test can result in significant penalties for DUI in Nebraska, including a 6-month license revocation for a first offense. Subsequent failures result in a 1-year revocation. 

Drivers facing Nebraska DUI penalties have the right to contest an ALR by requesting an administrative hearing. If the revocation is upheld, it will run concurrently with any court-ordered revocation. 

Applying for a Nebraska Ignition Interlock Permit (IIP)

Nebraska allows DUI offenders to apply for an Ignition Interlock Permit (IIP), which enables driving with an IID. The interlock device monitors your BrAC before you start your vehicle, ensuring safe and sober driving. Eligibility requirements include: 

• First-time Offenders: Required to apply for an IIP and install an IID during the revocation period. 
• Second-time Offenders: Eligible after 45 day no drive period. 
• Test Refusal Cases: Ineligible for 90 days. 

Installing Your Ignition Interlock Device 

If you’re court-ordered to install an IID, this device is essential for regaining driving privileges. Nebraska law mandates IID installation for most DUI offenders, especially for those with high BACs or multiple offenses. The device will measure your BrAC each time you attempt to start your vehicle, preventing operation if alcohol is detected. 

DUI.org can connect you to IID provider who can help you understand your state’s IID requirements.  

SR-22 Insurance Requirements 

After a DUI conviction, Nebraska often requires you to carry SR-22 insurance to reinstate or maintain your driving privileges. SR-22 is not a separate insurance policy but a certificate your insurance provider files with the state to confirm you have the minimum liability coverage required by law. SR-22 insurance is usually more expensive than standard policies due to the increased risk associated with DUI convictions. The duration of the SR-22 requirement can vary but typically lasts several years. 

Get Free Guidance Regaining Driving Privileges in Nebraska 

Need help navigating Nebraska DUI requirements? DUI.org is here to guide you through securing affordable SR-22 insurance and installing a Nebraska-authorized ignition interlock. Call us today to get the support you need to get back on the road and move forward with confidence.