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Nebraska DUI Laws & Penalties

Nebraska DUI Laws

A Nebraska DUI can be best described as a criminal matter and a separate civil matter. The civil matter is the ALR (Administrative License Revocation) hearing where the Nebraska DMV will try and suspend your driving privileges and the criminal matter is where the courts will attempt to convict you on a drunk driving charge which could result in fines, jail time and other punishments.

Nebraska DUI Conviction Aspects

Nebraska Criminal DUI Explanation

If you drive with a blood alcohol level of .08% or higher you are guilty of violating the Nebraska 'per se' law which states that you are guilty if you are found to be driving a motor vehicle with a blood alcohol concentration .08% or greater. No evidence of impairment is necessary.

If you are driving and you appear to be drunk, you can be arrested. This is proven through your driving pattern, your physical appearance, the officer's judgment, and whether or not you pass the field sobriety tests.



Nebraska ALR

ALR is governed by Nebraska DUI Statutes § 60-498.01 through 60-498.04 

"Because persons who drive while under the influence of alcohol present a hazard to the health and safety of all persons using the highways, a procedure is needed for the swift and certain revocation of the operator's license of any person who has shown himself or herself to be a health and safety hazard (a) by driving with an excessive concentration of alcohol in his or her body or (b) by driving while under the influence of alcohol.” Neb. Rev. Stat. Sec. 60-498.01." Reference: Nebraska DMV ALR Hearings

The state only gives you ten days to request your DMV hearing, so you need to act quickly.

Nebraska DUI Penalties

If you are facing your first Nebraska DUI, you can expect the following punishments if you are found guilty: 

First Offense Nebraska DUI Penalties

  • Class W misdemeanor
  • Up to 60 days in jail, but no less than 7 days
  • 6 months of drivers license suspension
  • Fines up to $400
  • Alcohol assessment and possible treatment
  • Possible ignition interlock system requirement

Second Offense Nebraska DUI Penalties

  • Within 12 years of first offense is a Class W misdemeanor
  • 30 to 90 days jail time
  • $500 fine
  • Drivers license suspension for 1 year
  • Ignition interlock system required

Third Offense Nebraska DUI Penalties

  • Within 12 years of second offense Class W misdemeanor
  • 90 days to 1 year jail time
  • $600 fine
  • Drivers license suspension for 1 year
  • 15 year license revocation if within 12 years

Fourth Offense Nebraska DUI Penalties

  • Within 12 years of second offense Class IV Felony
  • 10 days to 5 yeasr jail time
  • Up to $10,000 in fines
  • 15 year license revocation if within 12 years
  • Drivers license suspension for 1 year
  • Court may require alcohol assessment and treatment at defendant's cost

Nebraska Implied Consent Laws

  • Chemical testing is allowed. Blood, breath or urine as selected by the officer.
  • The arresting officer is required to advise the defendant of the penalties for test refusal and that test refusal is a crime in Nebraska.

Chemical Testing

  • Blood draws for police testing must be administered by a licensed physician, registered nurse or other qualified person.
  • The defendant has the right to have an independent chemical test done by a qualified person. The costs of an independent test are the responsibility of the defendant.
  • Test results must be made available to the defendant and his or her Nebraska DUI attorney upon request.

Protecting Your Right To Drive in Nebraska

If you are convicted of a Nebraska DUI, be sure to protect your right to drive. You are facing a six-month minimum on your drivers license suspension, and if you are the breadwinner in your family, getting to and from work is going to be difficult. You can apply to receive an employment driving permit (hardship drivers license) during this time. Also, after thirty days you may be able to receive a temporary driver’s license if you have a hearing to contest the revocation. 

Nebraska SR22 Insurance

SR22 insurance is required after a DUI in order to begin driving again.  SR22 insurance is a type ofhigh risk auto insurance policy that the Nebraska Department of Motor Vehicles requires DUI offenders to carry for a period of 3 years from the date your drivers license is first reinstated.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Nebraska and has worked out a special discount only available here for our website visitors.

You won't be able to find a cheaper SR22 insurance policy in Nebraska for any less.  Type in your zip code below so we can provide you with the cheapest rates in your area.





Additional Nebraska DUI Resources

  • Nebraska DUI First Offense - Detailed first offense information including punishments after a first offense DUI in Nebraska.

  • Nebraska SR22 Insurance - Learn everything you need to know about Nebraska SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your NE SR22 insurance.

  • Nebraska DUI Lawyers - Contact one of our Nebraska DUI lawyers today.

  • Nebraska Alcohol Assessment Programs - We offer a complete listing of Nebraska approved alcohol assessment and alcohol treatment programs.