Nebraska DUI & DWI Laws
If you commit a driving under the influence (DUI)/driving while intoxicated (DWI) offense in Nebraska, you can expect to face harsh penalties from both the Nebraska Department of Motor Vehicles (DMV) and the traffic court.
Drinking and driving is a serious offense and you can typically expect to pay high fines, serve jail time, receive a driver’s license suspension, and be required to complete an alcohol treatment program.
On this page you’ll find an overview of the definitions of a DUI offense in Nebraska, some of the common penalties for DUIs, and the steps you may need to take to reinstate your driver’s license.
Nebraska DWI & Impaired Driving Definitions
You may be arrested for and convicted of driving under the influence (DUI) in Nebraska if you have a blood alcohol concentration (BAC) of:
- 0.08% or higher.
- 0.04% or higher, if you are driving a commercial vehicle.
- 0.02% or higher, if you are younger than 21 years old.
Depending on the circumstances of your DUI and the discretion of your arresting officer or judge, you may receive a DUI even if your BAC was within the legal limits.
DWI/DUI Penalties in Nebraska
You will receive penalties for a DUI from both the Nebraska DMV and the court after a criminal conviction.
At the time of your arrest for a DUI, your arresting officer may either immediately take your NE driver’s license or give you a temporary license valid for 15 days.
Your driver’s license will be suspended/revoked by the Nebraska DMV for:
- 1 year: if you refuse to take a BAC/breathalyzer test.
- 180 days: if you take a BAC test and fail (1st offense).
- 1 year: if you take the BAC test and fail (2nd and subsequent offense within 15 years).
Within 10 days of being served a notice of suspension, you can request an administrative hearing to review your suspension and DUI charge. You can request a hearing with the Petition for Administrative Hearing.
For more information, please contact the Nebraska DMV.
NOTE: DMV administrative suspensions have no affect on the outcomes of a court case for the same DUI offense.
Along with the penalties you’ll face immediately after your arrest, DUI convictions in court typically carry the following penalties:
For a 1st offense, you may face up to:
- 10 days in jail.
- A $500 fine.
- A NE driver’s license revocation for 6 months.
For a 2nd offense, you may be sentenced:
- Up to 90 days in jail (mandatory minimum of 30 days).
- Up to a $1,000 fine.
- A driver’s license revocation/suspension for up to 18 months.
For a 3rd offense of a DUI, you may face up to:
- 180 days in jail (mandatory minimum of 90 days).
- A $1,000 fine.
- A driver’s license revocation for 15 years.
Your punishment will generally depend on the severity and circumstances of your offense. Your entire sentence will be determined by your judge. If you are convicted you will be required to have an Ignition Interlock Device (IID) on your vehicle in order to have their license reinstated.
Nebraska Ignition Interlock Permit
If you wish to have restricted driving privileges while your NE driver’s license is suspended, you may be eligible to apply for an ignition interlock device.
An ignition interlock device attaches to your car’s ignition system and requires you to pass a BAC/breathalyzer test before you driver.
For more information about your eligibility for an ignition interlock restricted driver’s license and how to apply, please contact the Nebraska DMV or visit the ignition interlock page on the NE DMV website.
NOTE: If you apply for an ignition interlock device before your Nebraska DMV administrative hearing, you will waive your right to a hearing.
Reinstating Your NE Driver’s License
After you’ve satisfied the requirements of your court conviction and completed the duration of your driver’s license suspension, you’ll need to reinstate your driver’s license with the Nebraska DMV.
Your requirements may vary depending on your offense, but to reinstate your driver’s license, you’ll generally need to:
- Complete an alcohol treatment, education and evaluation program.
- Pay the $125 license reinstatement fee.
- Pass the applicable driver’s license tests, if necessary.
For more information about some of your possible reinstatement requirements, please visit ourSuspended License in Nebraska page.