DUI/DWI Laws in Nebraska

Some important facts about DUI/DWI in Nebraska.

In Nebraska, you can get a DUI (also called "DWI" (driving while intoxicated)) 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.

(Take a look at our BAC chart for an estimate of how many drinks it takes to get to the legal limit.)

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

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 DUI 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 DUI in Nebraska?

Here are the minimum jail times for a DUI 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 DUI 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 DUI be “pleaded down” to a "wet reckless" in Nebraska?

For someone who's accused of driving under the influence in Nebraska, it's possible to "plea bargain" for a lesser charge. When such a plea bargain is for a reckless driving charge, it's often called a "wet reckless."

(Learn more about plea bargaining in Nebraska DUI cases and the consequences of a reckless driving violation.)

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

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

(Read about how IIDs work.)

Where can I get more information about DUI 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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