Nebraska DUI Laws and Penalties

In Nebraska, a person can be convicted of DUI for operating or being in "actual physical control" of a motor vehicle:

• while under the influence of alcohol or drugs, or
• with a blood alcohol content (BAC) of .08% or more.

The phrase "under the influence" means the person's ability to safely drive a vehicle is impaired to an "appreciable degree."

Jail Time and Fines for Nebraska DUI Convictions

The possible penalties for a DUI conviction normally depend on the following factors:

• the defendant's BAC level
• whether the judge grants probation or a suspended sentence, and
• whether the defendant has prior DUI convictions within the last 15 years.

Enhanced penalties generally apply if the defendant's BAC was at least .15%. If the judge grants probation (also referred to as a "suspended sentence"), the defendant is typically sentenced to jail time but is allowed to serve all or part of the time on probation rather than in jail. But if the defendant violates probation, the original jail sentence can be imposed.

Here are the minimum and maximum jail sentences and fines for first, second, and third DUI convictions.

License Revocations for DUI Convictions in Nebraska

All drivers who are convicted of DUI face a license revocation. The revocation periods for first, second, and third convictions are as follows:

In most circumstances, the defendant is required to apply for an ignition interlock permit (IID permit) and install an IID in the defendant's vehicle. However, in some cases, the defendant is prohibited from driving for 45 days before obtaining the permit. Generally, the defendant must retain the permit and IID for at least one year or for the revocation period, whichever is longer.

Nebraska's Implied Consent Law and Refusing Chemical Testing

Nebraska's implied consent law requires all motorists to submit to breath, blood, and/or urine testing if there are reasonable grounds to believe the person was driving under the influence of alcohol or drugs. The Nebraska Department of Motor Vehicles (DMV) will administratively revoke the license of any motorist who fails or refuses a test for the following periods:

In Nebraska, refusing a chemical test is a crime in and of itself. (Though refusal to take a blood test generally can't be punished as a crime unless police had a warrant.) In addition to the implied consent revocation, the court will revoke a defendant's license upon a conviction for a refusal for the following periods:

Other Penalties for DUI Convictions in Nebraska

Alcohol assessment and treatment. All DUI offenders must complete an alcohol assessment and treatment program.

Alcohol monitoring device. The court can require DUI offenders to use an alcohol monitoring device and to refrain from alcohol use.

Vehicle immobilization. In some cases, the court will require all vehicles owned by the defendant to be immobilized for five days, up to eight months. Generally, the court allows the defendant to obtain an IID permit and install an IID as an alternative to immobilization.