Arrested for DUI
in Nebraska?
A DUI arrest in Nebraska is serious — but it doesn't have to define your future. Understanding the law is your first step. Get a free evaluation and connect with an experienced Nebraska DUI attorney who can fight for you.
- BAC limit: 0.08% (0.02% if under 21)
- 15-year lookback period for prior offenses
- You have 10 days to request a license hearing
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Nebraska DUI Penalties by Offense
Nebraska uses a 15-year lookback period — prior convictions within that window escalate your penalties significantly.
First Offense
- ClassificationClass W Misdemeanor
- Jail7–60 days
- FineUp to $500
- License SuspensionUp to 6 months
- Ignition InterlockPossible
Second Offense
- ClassificationClass W Misdemeanor
- JailUp to 6 months
- FineUp to $500
- Mandatory Jail30 days minimum
- Lookback Window15 years
Third Offense & Beyond
- ClassificationClass W Misdemeanor
- JailUp to 1 year
- FineUp to $1,000
- 4th OffenseClass IIIA Felony
- 4th Offense Jail180 days – 3 years
Aggravated DUI (BAC ≥ 0.15%): A second offense with a BAC of 0.15% or higher is elevated to a Class I Misdemeanor, carrying up to 1 year in jail and/or $1,000 in fines. A third offense at this level becomes a Class IIIA Felony.
What Happens to Your License
Nebraska operates a two-track system — your license faces consequences both from the court and from the DMV independently. You must act fast on both fronts.
- 10-Day Rule: You have just 10 days from your arrest to request an administrative hearing to contest your license revocation. Miss this window and your license is automatically revoked.
- 1st Offense Suspension: License suspended for up to 6 months. A restricted license for employment purposes may be available.
- Refusal Revocation: Refusing a chemical test triggers an automatic 1-year license revocation under Nebraska's implied consent law — separate from any criminal penalties.
- Ignition Interlock: Courts may require an ignition interlock device as a condition of probation. For 3rd or subsequent offenses, the Board of Pardons can require it for license reinstatement.
Nebraska DUI Defense Strategies
Even if you failed a breath test, that doesn't mean your case is lost. Experienced Nebraska DUI attorneys challenge charges on multiple grounds:
Special Nebraska DUI Circumstances
Under 21
Nebraska's zero-tolerance law applies a BAC threshold of just 0.02% for drivers under 21. A first violation carries fines up to $100 and a 90-day license impoundment. Second and third violations escalate quickly.
Commercial Drivers
CDL holders are held to a stricter 0.04% BAC standard. A DUI conviction can result in a 1-year disqualification of your CDL for a first offense — and a lifetime ban for a second offense. The consequences for your livelihood are severe.
Drug DUI
Nebraska law prohibits driving under the influence of any drug, not just alcohol. This includes prescription medications that impair your ability to drive safely. The same criminal penalties apply as for alcohol DUI.
Don't Face Nebraska's DUI System Alone
The 10-day deadline to protect your license is already counting down. Get your free evaluation now and find out exactly where you stand.
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Legal Disclaimer: The information on this page is for general educational purposes only and reflects laws as reported by the NHTSA Digest of Impaired Driving Laws. DUI laws change frequently. This is not legal advice. Always consult a licensed Nebraska DUI attorney for guidance specific to your situation.