DWI/DUI/OUI - Drunk Driving Laws And Attorneys In Nebraska
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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NEBRASKA DRIVING UNDER THE INFLUENCE (DUI) LAW
It is unlawful to operate a motor vehicle on Nebraska roadways if the
driver has a Blood Alcohol Concentration (BAC) of:
1) .02% or higher and the driver is 20 years of age or younger.
2) .04% or higher when operating a commercial motor vehicle.
3) .08% or higher regardless of driver’s age or vehicle type.
Violations of these provisions are subject to criminal and/or
administrative revocation of the drivers license.
Implied Consent Law - A driver that operates a vehicle on Nebraska
roadways has already agreed to submit to a chemical test or tests when
requested by a law enforcement officer. Refusing to submit
to such test or tests or failing to complete a breath sample in the
judgment of the officer, will result in a violation of Nebraska’s “Implied
Consent” law. Drivers who refuse to take the requested test can be
criminally convicted for driving under the influence of alcohol or drugs or
have the license administratively revoked.
The Administrative License Revocation (ALR) law in Nebraska
authorizes law enforcement to immediately confiscate a driver's license
for refusal to submit to a chemical test for alcohol or drugs or, if the
driver is tested, for failing the test. Drivers receive a temporary license
which expires after thirty days. Drivers may request a hearing to contest
the revocation. Drivers who refuse a test lose their license for one year.
Drivers who take the test and have an alcohol concentration over the
legal limit lose their license for 90 days the first time, and one year for
subsequent offenses.
If convicted of DUI in Nebraska with a BAC level below .15 the
following penalties will apply:
Class W Misdemeanor
First Offense -
a) Maximum Penalty: 60 days in jail, 6-month license revocation, $500
fine
b) Mandatory Minimum: 7 days in jail, 6-month license revocation,$400
fine
c) If Probation: 60-day license revocation $400 fine
Second Offense -
a) Maximum Penalty : 90 days in jail, 1-year license revocation, $500 fine
b) Mandatory Minimum: 30 days in jail, 1-year license revocation, $500
fine
c) If Probation: 10 days in jail or not less than 240 hours of community
service, 1-year license revocation, $500 fine
Third Offense -
a) Maximum Penalty : 1 year in jail, 15-year license revocation, $600 fine
b) Mandatory Minimum: 90 days in jail, 15-year license revocation, $600
fine
c) If Probation: 30 days in jail, 2 to 15 year license revocation, $600 fine
Fourth Offense -
a) Maximum Penalty: 5 years in jail, 15 year license revocation, $10,000
fine
b) Mandatory Minimum: 180 days in jail, 15-year license revocation
c) If Probation: 90 days in jail, 15 year license revocation, $1,000 fine
Class III Felony
Fifth Offense -
a) Maximum Penalty : 20 years in jail, 15 year license revocation,
$25,000 fine
b) Mandatory Minimum: 1 year in jail, 15 year license revocation
c) If Probation: 180 days in jail, 15 year license revocation, $1,000 fine
A person convicted of DUI will also have to pay for an alcohol
assessment during a presentence evaluation and if ordered by the
judge to attend an alcohol treatment program. The treatment program
can cost over $3,000 and will be at the expense of the person convicted
of a DUI.
In addition to the above penalties, all vehicles owned by a person
convicted of a second or subsequent DUI violation will be immobilized at
the owner’s expense for a period not less than five days and not more
than eight months. Immobilization means revocation or suspension of
the registration of motor vehicle(s), including the license plates. As an
alternative to the immobilization provisions, the court shall require the
installation of an ignition interlock on each of the owner’s motor
vehicles. A person may also be required to use a continuous alcohol
monitoring device.
If Convicted With A Alcohol BAC Level .15 or Higher The Following
Penalties Will Apply:
Class W Misdemeanor
First Offense -
a) Maximum Penalty : 60 days in jail, 1 year license revocation, $500 fine
b) Mandatory Minimum: 7 days in jail, 1 year license revocation, $400 fine
c) If Probation: 1 year license revocation or impoundment, $500 fine, 2
days in jail or not less than 120 hours of community service
Class I Misdemeanor
Second Offense -
a) Maximum Penalty : 1 year in jail, 15 year license revocation, $1,000
fine
b) Mandatory Minimum: 90 days in jail, 1 year license revocation
c) If Probation: 30 days in jail, 1- 15 year(s) license revocation or
impoundment, $1,000 fine
Class IIIA Felony
Third Offense -
a) Maximum Penalty: 5 years in jail, 15 year license revocation, $10,000
fine
b) Mandatory Minimum: 180 days in jail, 15-year license revocation
c) If Probation: 60 days in jail, 5 - 15 year license revocation, $1,000 fine
Class III Felony
Fourth Offense -
a) Maximum Penalty: 20 years in jail, 15-year license revocation,
$25,000 fine
b) Mandatory Minimum: 1 year in jail, 15 year license revocation
c) If Probation: 120 days in jail, 15 year license revocation, $1,000 fine
Class II Felony
Fifth Offense -
a) Maximum Penalty: 50 years in jail, 15 year license revocation
c) Mandatory Minimum: 1 year in jail, 15 year license revocation
d) If Probation: 180 days in jail, 15 year license revocation, $1,000 fine
Motor Vehicle Homicide
Class III Felony (no prior DUI conviction) -
a) Maximum Penalty: 20 years in jail, 1 year to 15 year license revocation,
$25,000 fine
b) Mandatory Minimum: 60 days to 15 year license revocation, 1 year in
prison
Class II Felony (prior DUI conviction) -
Maximum Penalty: 50 years in jail, 15-year license revocation
Mandatory Minimum: 1 year in jail
.02% Under Age Drinking (Age 20 and Younger) and Driving
For a conviction of .02% the license will be impounded by the court for
30 days and will become part of the driving record for 90 days. After 90
days the conviction will be deleted from the driving record. If the
conviction is for an underage refusal, the court will impound the license
for 90 days and it will become part of the driving record for 120 days.
After 120 days the conviction will be deleted from the driving record.
At the end of the impoundment period the court will return the license to
the underage driver. Any underage driver that is convicted of driving
during the impoundment will have their license revoked for six months
by the court.
It is unlawful to operate a motor vehicle on Nebraska roadways if the
driver has a Blood Alcohol Concentration (BAC) of:
1) .02% or higher and the driver is 20 years of age or younger.
2) .04% or higher when operating a commercial motor vehicle.
3) .08% or higher regardless of driver’s age or vehicle type.
Violations of these provisions are subject to criminal and/or
administrative revocation of the drivers license.
Implied Consent Law - A driver that operates a vehicle on Nebraska
roadways has already agreed to submit to a chemical test or tests when
requested by a law enforcement officer. Refusing to submit
to such test or tests or failing to complete a breath sample in the
judgment of the officer, will result in a violation of Nebraska’s “Implied
Consent” law. Drivers who refuse to take the requested test can be
criminally convicted for driving under the influence of alcohol or drugs or
have the license administratively revoked.
The Administrative License Revocation (ALR) law in Nebraska
authorizes law enforcement to immediately confiscate a driver's license
for refusal to submit to a chemical test for alcohol or drugs or, if the
driver is tested, for failing the test. Drivers receive a temporary license
which expires after thirty days. Drivers may request a hearing to contest
the revocation. Drivers who refuse a test lose their license for one year.
Drivers who take the test and have an alcohol concentration over the
legal limit lose their license for 90 days the first time, and one year for
subsequent offenses.
If convicted of DUI in Nebraska with a BAC level below .15 the
following penalties will apply:
Class W Misdemeanor
First Offense -
a) Maximum Penalty: 60 days in jail, 6-month license revocation, $500
fine
b) Mandatory Minimum: 7 days in jail, 6-month license revocation,$400
fine
c) If Probation: 60-day license revocation $400 fine
Second Offense -
a) Maximum Penalty : 90 days in jail, 1-year license revocation, $500 fine
b) Mandatory Minimum: 30 days in jail, 1-year license revocation, $500
fine
c) If Probation: 10 days in jail or not less than 240 hours of community
service, 1-year license revocation, $500 fine
Third Offense -
a) Maximum Penalty : 1 year in jail, 15-year license revocation, $600 fine
b) Mandatory Minimum: 90 days in jail, 15-year license revocation, $600
fine
c) If Probation: 30 days in jail, 2 to 15 year license revocation, $600 fine
Fourth Offense -
a) Maximum Penalty: 5 years in jail, 15 year license revocation, $10,000
fine
b) Mandatory Minimum: 180 days in jail, 15-year license revocation
c) If Probation: 90 days in jail, 15 year license revocation, $1,000 fine
Class III Felony
Fifth Offense -
a) Maximum Penalty : 20 years in jail, 15 year license revocation,
$25,000 fine
b) Mandatory Minimum: 1 year in jail, 15 year license revocation
c) If Probation: 180 days in jail, 15 year license revocation, $1,000 fine
A person convicted of DUI will also have to pay for an alcohol
assessment during a presentence evaluation and if ordered by the
judge to attend an alcohol treatment program. The treatment program
can cost over $3,000 and will be at the expense of the person convicted
of a DUI.
In addition to the above penalties, all vehicles owned by a person
convicted of a second or subsequent DUI violation will be immobilized at
the owner’s expense for a period not less than five days and not more
than eight months. Immobilization means revocation or suspension of
the registration of motor vehicle(s), including the license plates. As an
alternative to the immobilization provisions, the court shall require the
installation of an ignition interlock on each of the owner’s motor
vehicles. A person may also be required to use a continuous alcohol
monitoring device.
If Convicted With A Alcohol BAC Level .15 or Higher The Following
Penalties Will Apply:
Class W Misdemeanor
First Offense -
a) Maximum Penalty : 60 days in jail, 1 year license revocation, $500 fine
b) Mandatory Minimum: 7 days in jail, 1 year license revocation, $400 fine
c) If Probation: 1 year license revocation or impoundment, $500 fine, 2
days in jail or not less than 120 hours of community service
Class I Misdemeanor
Second Offense -
a) Maximum Penalty : 1 year in jail, 15 year license revocation, $1,000
fine
b) Mandatory Minimum: 90 days in jail, 1 year license revocation
c) If Probation: 30 days in jail, 1- 15 year(s) license revocation or
impoundment, $1,000 fine
Class IIIA Felony
Third Offense -
a) Maximum Penalty: 5 years in jail, 15 year license revocation, $10,000
fine
b) Mandatory Minimum: 180 days in jail, 15-year license revocation
c) If Probation: 60 days in jail, 5 - 15 year license revocation, $1,000 fine
Class III Felony
Fourth Offense -
a) Maximum Penalty: 20 years in jail, 15-year license revocation,
$25,000 fine
b) Mandatory Minimum: 1 year in jail, 15 year license revocation
c) If Probation: 120 days in jail, 15 year license revocation, $1,000 fine
Class II Felony
Fifth Offense -
a) Maximum Penalty: 50 years in jail, 15 year license revocation
c) Mandatory Minimum: 1 year in jail, 15 year license revocation
d) If Probation: 180 days in jail, 15 year license revocation, $1,000 fine
Motor Vehicle Homicide
Class III Felony (no prior DUI conviction) -
a) Maximum Penalty: 20 years in jail, 1 year to 15 year license revocation,
$25,000 fine
b) Mandatory Minimum: 60 days to 15 year license revocation, 1 year in
prison
Class II Felony (prior DUI conviction) -
Maximum Penalty: 50 years in jail, 15-year license revocation
Mandatory Minimum: 1 year in jail
.02% Under Age Drinking (Age 20 and Younger) and Driving
For a conviction of .02% the license will be impounded by the court for
30 days and will become part of the driving record for 90 days. After 90
days the conviction will be deleted from the driving record. If the
conviction is for an underage refusal, the court will impound the license
for 90 days and it will become part of the driving record for 120 days.
After 120 days the conviction will be deleted from the driving record.
At the end of the impoundment period the court will return the license to
the underage driver. Any underage driver that is convicted of driving
during the impoundment will have their license revoked for six months
by the court.
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