Nebraska DUI Laws & Penalties
Last reviewed:
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 15 years. 15-year lookback for prior-offense counting — one of the longest in the US. 4th offense = felony.
- Primary statute: Neb. Rev. Stat. § 60-6,196 (offense); § 60-6,197.03 (penalties)
0.15+ escalates a first offense to a 1-year revocation (vs 6 months) and lengthens penalties; refusal is treated like 0.15+.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class W misdemeanor | none (standard conviction) – 60 days (Class W maximum); mandatory min none for a standard first offense; jail rises if 0.15+ | $500 ($500 plus costs (Class W first-offense fine)) | 6-month revocation (standard); 60 days if probated – 1 year (if 0.15+/refusal); hardship: Ignition Interlock Permit (IIP) with IID; IID required | Required |
| Second offense | Class W misdemeanor | 10 days (if probated) or 240 hrs community service – 6 months (Class W); mandatory min 10 days OR 240 hrs community service (probated sentence) | $500 ($500 (probated); Class W second-offense fine) | 18-month revocation – 18 months; hardship: 45-day no-drive period, then IIP/IID for at least 1 year | Required |
| Third offense | Class IIIA felony | 180 days – 3 years (Class IIIA felony); mandatory min 180 days imprisonment | $0–$10,000 (up to $10,000 (Class IIIA felony)) | 15-year revocation – 15 years; hardship: IIP/IID after a portion | Required |
| Fourth+ offense | Class IIA felony (4th+) | 2 years imprisonment – 20 years (Class IIA felony); mandatory min 2-year minimum sentence | $0–$25,000 (Class IIA felony carries no statutory fine but higher-BAC 4th offenses add enhancements) | 15-year revocation – 15 years; hardship: IID after portion | Required |
First offense
- Classification: Class W misdemeanor
- Jail: none (standard conviction) – 60 days (Class W maximum); mandatory min none for a standard first offense; jail rises if 0.15+
- Fine: $500 ($500 plus costs (Class W first-offense fine))
- License suspension: 6-month revocation (standard); 60 days if probated – 1 year (if 0.15+/refusal); hardship: Ignition Interlock Permit (IIP) with IID; IID required
- Alternative disposition: Probation common with license conditions; no formal charge-dismissal diversion statewide.
- Interlock: IIP + IID is the standard route to keep driving during revocation.
- § 60-6,197.03 sets penalties by conviction vs. probated sentence rather than a fixed mandatory-minimum jail term for a standard first offense.
Second offense
- Classification: Class W misdemeanor
- Jail: 10 days (if probated) or 240 hrs community service – 6 months (Class W); mandatory min 10 days OR 240 hrs community service (probated sentence)
- Fine: $500 ($500 (probated); Class W second-offense fine)
- License suspension: 18-month revocation – 18 months; hardship: 45-day no-drive period, then IIP/IID for at least 1 year
- Second offense is a Class W misdemeanor (corrected from draft 'Class I'); 45-day hard no-drive then IID ≥1 year.
Third offense
- Classification: Class IIIA felony
- Jail: 180 days – 3 years (Class IIIA felony); mandatory min 180 days imprisonment
- Fine: $0–$10,000 (up to $10,000 (Class IIIA felony))
- License suspension: 15-year revocation – 15 years; hardship: IIP/IID after a portion
- Third offense is a Class IIIA felony with a 180-day minimum (corrected from draft 90 days); 15-year revocation is distinctive.
Fourth+ offense
- Classification: Class IIA felony (4th+)
- Jail: 2 years imprisonment – 20 years (Class IIA felony); mandatory min 2-year minimum sentence
- Fine: $0–$25,000 (Class IIA felony carries no statutory fine but higher-BAC 4th offenses add enhancements)
- License suspension: 15-year revocation – 15 years; hardship: IID after portion
- Fourth offense is a Class IIA felony with a 2-year minimum sentence (corrected from draft 'Class IIIA / 180 days').
Refusing a chemical test (implied consent)
Refusal is a SEPARATE CRIME in Nebraska (same class as the corresponding DUI) AND triggers a 1-year administrative revocation; refusal cases are ineligible for the interlock permit for 90 days. Refusal admissible.
Statute: Neb. Rev. Stat. § 60-6,197
Ignition interlock
Ignition Interlock Permit (IIP) + IID is the mechanism to drive during revocation for nearly all offenders; waiting periods vary by offense/BAC/refusal.
Statute: Neb. Rev. Stat. § 60-6,211.05
Frequently asked questions
What is the penalty for a first DUI in Nebraska?
A first DUI in Nebraska is a Class W misdemeanor. Jail: none (standard conviction) – 60 days (Class W maximum); mandatory min none for a standard first offense; jail rises if 0.15+. Fine: $500 ($500 plus costs (Class W first-offense fine)). License suspension: 6-month revocation (standard); 60 days if probated – 1 year (if 0.15+/refusal); hardship: Ignition Interlock Permit (IIP) with IID; IID required.
What is the legal BAC limit in Nebraska?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Nebraska look back at prior DUI offenses?
15 years. 15-year lookback for prior-offense counting — one of the longest in the US. 4th offense = felony.