Nebraska DUI / DWI Lawyers

Nebraska Drunk Driving Fines & Penalties

Nebraska law prohibits drivers from operating a vehicle under the influence of alcohol. In addition to limiting the amount of alcohol motorists are permitted to have in their system, these laws specify several different instances where a person can be arrested for driving under the influence (DUI)—and regardless of the situation, the offense carries a number of harsh penalties. In light of these consequences, it is more important than ever for residents to be familiar with Nebraska drunk driving laws.

 

Jail 7 to 60 days 30 days up to 1 year 90 days up to 1 year 180 days up to 5 years 1 to 20 years
Fines and Penalties Up to $500 Up to $1,000 Up to $10,000 Up to $25,000 Up to $25,000
License Suspension Up to 60 days 1 year 2 to 15 years 15 years 15 years
IID** Required No Possible Possible Possible Possible

First Offense DUI in Nebraska

First offense DUI in Nebraska results in both criminal and administrative penalties including:

  • First offense DUI in Nebraska results in mandatory administrative license suspension of ninety (90) days with potential suspension period of up to six (6) months. Offenders with elevated BAC above .15 face suspension of one (1) year
  • Reinstatement of license during suspension or revocation period possible for first offenders, but will require use of ignition interlock device
  • Refusals to submit under Nebraska’s implied consent laws result in automatic license suspension of ninety (90) days
  • First offense DUI in Nebraska convictions carry minimum incarceration period of seven (7) days with potential incarceration of up to sixty (60) days. Minimums may be served out in the form of community service in limited instances
  • Fines applied are not to be in excess of $500, but fine amount does not include surcharges, fees, and other expenses incurred during completion of sentence
  • Convictions remain on driver’s record and can influence sentencing and charges in future DUI cases for a period of twelve (12) years

 

Second Offense DUI in Nebraska

Potential penalties for a second DUI in Nebraska (within 15 years) include imprisonment, fines, community service requirements, as well as installation of an ignition interlock device or other alcohol monitoring device.

A Class W misdemeanor, which applies to DUI offenses, is punishable by a maximum of six months and a minimum of 30 days in prison. A minimum of 240 hours of community service can be imposed in lieu of prison time. The court must also fine the offender $500.00. It can also require an offender to wear an alcohol monitoring device for the length of their probation. The court cannot install both an ignition interlock device and require an alcohol monitoring device; it must choose one or the other. If the driver's .BAC was .15% or higher, the penalties may include a $1,000 fine and 90 days to one year in jail as well as license revocation of one to 15 years.

Third Offense DUI in Nebraska

The third offense DUI in Nebraska leads to harsh administrative and criminal penalties. Keep in mind that Nebraska overhauled it's DUI laws in 2012 and extended the lookback period (the time during which prior convictions count) from 12 to 15 years. The state also created a new offense for driving drunk with a child in the vehicle.

Nebraska has chosen to create a two-tiered penalty schedule based on the BAC.

Administrative penalties for a third DUI for a BAC alcohol level .08 or greater but less than .15 are as follows:

  • Fine up to $600
  • License suspension from 2 to 15 years
  • Vehicle immobilization for minimum 5 days and up to 8 months or vehicle impound
  • Installation of Ignition Interlock Device
  • Attendance at chemical dependency education or treatment program

The administrative penalties for a BAC alcohol level equal to or greater than .15 are as follows:

  • Fine up to $10,000
  • License suspension from 5 to 15 years
  • Vehicle immobilization for minimum 5 days and up to 8 months or vehicle impound
  • Installation of Ignition Interlock Device if judge orders
  • Attendance at chemical dependency education or treatment program
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