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Nebraska DUI Law

In Nebraska, it is illegal to operate or be in actual physical control of a vehicle while under the influence of drugs and/or alcohol or with a BAC of greater than .08.

Penalties

First Offense

– The first conviction is a Class W misdemeanor. The court will revoke the driver’s license for 6 months. The mandatory minimum sentence is 7 days in jail and a fine of $400. The maximum penalty that a court may impose is 60 days in jail and a $500 fine.

If the offender’s BAC was greater than .15, the period of revocation increases to 12 months.

Second Offense

– The second conviction is a Class W misdemeanor. The court will revoke the driver’s license for a period of one year. The mandatory minimum sentence is 30 days in jail and a fine of $500. The maximum penalty that a court may impose is 6 months in jail and a $500 fine.

If the offender’s BAC was .15 or greater, this will be charged as a Class I misdemeanor and the court may revoke the license for up to fifteen years. The court will also impose a mandatory minimum jail sentence of 90 days. In this case, the maximum penalty is increased to 1 year in jail and a fine of $1,000.

Third Offense

– The third conviction is a Class W misdemeanor. The court will revoke the driver’s license for a period of fifteen years. The mandatory minimum sentence is 90 days in jail and a fine of $600. The maximum penalty that a court may impose is 1 year in jail and a $600 fine.

If the offender’s BAC was .15 or greater, the offense will be charged as a Class IIIA felony. The court will revoke the operator’s license for fifteen years and sentence the person to a minimum of 180 days in jail. The maximum penalty is five years in jail and/or a fine of $10,000.

Immobilization and Ignition Interlock

On the second and subsequent convictions, the court will either order the immobilization of your vehicle for a period of five days to eight months or order the installation of an ignition interlock device on all vehicles owned/operated by the offender for a period of at least six months. The ignition interlock device prevents the car from being operated while the driver’s BAC is greater than .02.

Implied Consent

Drivers in Nebraska have given their implied consent to be chemically tested for drugs and alcohol by driving on the highways. This means that, if you are pulled over, the arresting officer may request a sample of your blood, breath, or urine for purposes of chemical analysis.

You may refuse to be tested, however, refusal carries certain penalties. The arresting officer will take your license and it will be automatically revoked for 30 days. You may request a hearing within 10 days of the arrest to contest the validity of the taking. Following that 30 day period, the DMV will review the case and may suspend your license for one year.

Open Container Law

It is illegal for anyone in the passenger area of a motor vehicle to possess an open container of alcohol. This includes beer, wine, and liquor.