DUI Reference Guide

Nebraska DWI Laws

Drunk driving laws vary from state to state.  Sometimes cases even are handled in other ways in different geographic regions of the same state.  For this reason, it is important to understand the laws in your state.

Nebraska laws are tough in that if an individual is arrested for DUI in that state, he or she has only 10 days from the date of arrest to request a hearing with the Nebraska Department of Motor Vehicles.

According to Nebraska DUI laws, a driver arrested for drunk driving faces a civil hearing, referred to as an Administrative License Revocation Hearing, at which time the state is attempting to suspend the accused person’s driving privileges for a specified period of time.  Cases heard in criminal court require that a person convicted of DUI pay fines, be sentenced to jail, have an ignition interlock system installed in his or her vehicle, and/or be required to attend an alcohol education program. 

Even if a driver does not appear to be cognitively or physically impaired from consuming alcohol and/or drugs, he or she can be prosecuted for having a blood alcohol content greater than 0.08%, which in the state of Nebraska is considered above the legal limit.  A driver with a BAC of 0.08% or more can be convicted of a DUI offense even if his or her driving abilities were not affected from drinking alcohol.

If an offender loses the ALR Hearing, the Nebraska DMV has the right to suspend the individual’s driving privileges.  An arrest for a first DUI offense can result in a 90–day license suspension, while a second offense can mean suspension for one year with no work permit available.  A conviction in criminal court means that a person’s Nebraska driving privileges will suspended for 60 days with probation.  If sentenced to a jail term, a person could lose his or her license for 6 months.  Driving privileges are suspended for one year with probation for a second or third DUI conviction.  However, a driver could lose driving privileges for 15 years if sentenced to jail for a third or fourth offense. 

In cases when a license is not suspended and the offender is allowed to continue to drive, the court may order that an ignition interlock device must be installed in the offender’s vehicle.  This device tests the driver’s breath for alcohol each time the vehicle is started.  Many individuals in Nebraska, who have their licenses suspended, are allowed to continue driving until the outcome of the ALR Hearing if they agree to have an ignition interlock device installed.

Those drivers who are convicted of DUI offenses may face additional penalties other than license suspension.  For conviction of a first offense, a driver may be sentenced to up to 60 days imprisonment, the mandatory minimum sentence being 7 days in jail.  Conviction of a second offense could mean 90 days imprisonment, plus fines.  A third offense could result in imprisonment for one year.  A fourth offense is prosecuted as a felony with a maximum sentence of three years in state prison. 

Besides all the other possible penalties, convictions for driving under the influence raises a driver’s auto insurance premiums significantly.  Rates may increase for other family members and employers as well. 

During the past ten years, most states have taken a closer look at the losses inflicted by drunk drivers, resulting in many changes in the law.  Now there are criminal laws against drinking and driving that can have serious penalties whether or not a driver’s abilities are physically impaired because of any amount of alcohol in the system.  

Drivers under the age of 21 can have their driver’s license suspended for 30 days for a first offense.  Subsequent offenses can result in driving privileges being suspended for one year.  In cases where the offense involves injury or death, penalties are much harsher no matter what the age of the driver.