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Nebraska · DUI

Nebraska DUI laws and penalties

Nebraska's legal BAC limit is 0.08%. For a first offense, Nebraska's statute provides jail of 7 days to 60 days, a fine of $500, and a license suspension of 6 months. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on .

Nebraska DUI laws at a glance

Legal BAC limit
0.08%
Standard US limit
Enhanced penalty BAC
0.15%
Where the penalties step up
Zero tolerance (under 21)
0.02%
Limit for drivers under 21
Lookback period
15 years
Prior DUI offenses that count

License hearing: ask within 10 days

By petition within 10 days after the arrest. The revocation is automatic 15 days after the arrest and filing does not stop it. Count the days with the license-hearing window calculator.
Ignition interlock required after a first conviction

Higher BAC level. At 0.15 or more the license is revoked for 1 year (not 6 months) and probation must add a $500 fine plus 2 days in jail or 120 hours of community service.

Ignition interlock. The revocation order requires an interlock permit and device for the revocation period (6 months; 60 days if the court grants probation).

The base fine is fixed at $500 for a first and second Class W conviction (a third is also Class W with a 90-day minimum and $1,000; a fourth is a felony). The 10-day petition is the only way to contest the automatic administrative revocation.

01Penalties

Nebraska DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).
Nebraska statutory DUI penalties, first and second offense
Penalty1st offense2nd offense
Jail (minimum)7 days30 days
Jail (maximum)60 days6 months
Fine (minimum)$500$500
Fine (maximum)$500$500
License suspension6 months18 months

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Nebraska compares

Of the 49 states with a confirmed BAC limit, 48 (Nebraska among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Nebraska requires one after every first conviction.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Nebraska gives 10.

Nebraska and the states that border it, first-offense figures side by side
StateBAC limitHearing requestInterlock, first offenseJail, first offenseFine, first offenseLicense, first offense
Colorado0.08%7 daysIn some cases5 days to 1 year$600 to $1,0009 months
Iowa0.08%10 daysIn some cases48 hours to 1 year$1,250180 days to 1 year revocation
Kansas0.08%14 daysRequired48 hours to 6 months$750 to $1,00030 days suspension, then 180 days restricted to an ignition interlock vehicle
Missouri0.08%15 daysIn some casesUp to 6 monthsUp to $1,00030 days suspension, then 60 days restricted driving privilege
Nebraska (this page)0.08%10 daysRequired7 days to 60 days$5006 months
South Dakota0.08%No fixed deadlineNot requiredUp to 1 yearUp to $2,00030 days minimum
Wyoming0.08%20 daysIn some casesUp to 6 monthsUp to $75090 days

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in Nebraska

The typical sequence, in general terms. Timing and details differ by county and by case.
  1. Arrest and booking

    Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.

  2. Release

    A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.

  3. License action

    By petition within 10 days after the arrest. The revocation is automatic 15 days after the arrest and filing does not stop it.

  4. Arraignment

    The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.

  5. Pretrial resolution

    A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.

  6. Sentencing or trial

    For a first offense, Nebraska's statute provides jail of 7 days to 60 days, a fine of $500, and a license suspension of 6 months. See the penalties table above.

04Sources

Where Nebraska's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.
Show the exact words behind each figure
Main statute

Neb. Rev. Stat. § 60-6,196

Neb. Rev. Stat. § 60-6,196(1)

It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle: (a) While under the influence of alcoholic liquor or of any drug; (b) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood
BAC limit, age 21 and over

0.08%

Neb. Rev. Stat. § 60-6,196(1)(b)-(c)

When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; or (c) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.
Higher BAC level

0.15%

Neb. Rev. Stat. § 60-6,197.03(2)

If such person has not had a prior conviction and, as part of the current violation, had a concentration of fifteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood or fifteen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath
BAC limit under 21

0.02%

Neb. Rev. Stat. § 60-6,211.01(1)

When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood
Lookback period

15 years

Neb. Rev. Stat. § 60-6,197.02(1)(a)

Prior conviction means a conviction for a violation committed within the fifteen-year period prior to the offense for which the sentence is being imposed as follows:
License hearing request

10 days

Neb. Rev. Stat. § 60-498.01(4), (5)(b), (6)(a)

A petition for an administrative license revocation hearing must be completed and delivered to the department or postmarked within ten days after the person's arrest or the person's right to an administrative license revocation hearing to contest the revocation will be foreclosed.
Ignition interlock, first offense

Required after a first conviction

Neb. Rev. Stat. § 60-6,197.03(1); § 60-6,211.05(1)

The revocation order shall require that the person apply for an ignition interlock permit pursuant to section 60-6,211.05 for the revocation period and have an ignition interlock device installed on any motor vehicle he or she operates during the revocation period.
First offense: jail, minimum

7 days

Neb. Rev. Stat. § 28-106(1) (Class W misdemeanor), with § 60-6,197.03(1)

First conviction Maximum—sixty days imprisonment and five hundred dollars fine Mandatory minimum—seven days imprisonment and five hundred dollars fine
First offense: jail, maximum

60 days

Neb. Rev. Stat. § 28-106(1)

Same passage as above.

First offense: fine, minimum

$500

Neb. Rev. Stat. § 28-106(1)

Same passage as above.

First offense: fine, maximum

$500

Neb. Rev. Stat. § 28-106(1)

Same passage as above.

First offense: license

6 months

Neb. Rev. Stat. § 60-6,197.03(1)

if such person has not had a prior conviction, such person shall be guilty of a Class W misdemeanor, and the court shall, as part of the judgment of conviction, order that the operator's license of such person be revoked for a period of six months from the date ordered by the court.
Second offense: jail, minimum

30 days

Neb. Rev. Stat. § 28-106(1) (Class W misdemeanor), with § 60-6,197.03(3)

Second conviction Maximum—six months imprisonment and five hundred dollars fine Mandatory minimum—thirty days imprisonment and five hundred dollars fine
Second offense: jail, maximum

6 months

Neb. Rev. Stat. § 28-106(1)

Same passage as above.

Second offense: fine, minimum

$500

Neb. Rev. Stat. § 28-106(1)

Same passage as above.

Second offense: fine, maximum

$500

Neb. Rev. Stat. § 28-106(1)

Same passage as above.

Second offense: license

18 months

Neb. Rev. Stat. § 60-6,197.03(3)

if such person has had one prior conviction, such person shall be guilty of a Class W misdemeanor, and the court shall, as part of the judgment of conviction, order that the operator's license of such person be revoked for a period of eighteen months from the date ordered by the court.

05Related

Related pages

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.