DWI Laws in Nebraska

Here are the important facts about DWI in Nebraska.

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In Nebraska, you can get a DWI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Nebraska says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Nebraska and other details about Nebraska DWI law.

In Nebraska, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DWI?

Here are the consequences for not taking a breathalyzer or blood test in Nebraska, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

90 day license impounded

90 day license impounded

90 day license impounded

 

In Nebraska, when do police have to measure your blood alcohol content (BAC)?

In Nebraska, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DWI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Nebraska?

In Nebraska, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%.

What are the minimum jail times for a DWI in Nebraska?

Here are the minimum jail times for a DWI in Nebraska, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

2 days jail or 120 hours community service

10 days

30 days

 

How long will prior DWI convictions remain relevant for sentencing purposes in Nebraska?

In Nebraska, prior DWI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 12 years.

Can a DWI be “pleaded down” to a "wet reckless" in Nebraska?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you.

If you are interested in contacting a lawyer, you can find a DWI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DWI offenders in Nebraska?

No, but an ignition interlock device may be used in lieu of license revocation.

Where can I get more information about DWI laws in Nebraska?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DWI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Nebraska DWI attorneys in your area.

Last updated on 09/01/2010.

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