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.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).
01Penalties
Nebraska DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 7 days | 30 days |
| Jail (maximum) | 60 days | 6 months |
| Fine (minimum) | $500 | $500 |
| Fine (maximum) | $500 | $500 |
| License suspension | 6 months | 18 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.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Colorado | 0.08% | 7 days | In some cases | 5 days to 1 year | $600 to $1,000 | 9 months |
| Iowa | 0.08% | 10 days | In some cases | 48 hours to 1 year | $1,250 | 180 days to 1 year revocation |
| Kansas | 0.08% | 14 days | Required | 48 hours to 6 months | $750 to $1,000 | 30 days suspension, then 180 days restricted to an ignition interlock vehicle |
| Missouri | 0.08% | 15 days | In some cases | Up to 6 months | Up to $1,000 | 30 days suspension, then 60 days restricted driving privilege |
| Nebraska (this page) | 0.08% | 10 days | Required | 7 days to 60 days | $500 | 6 months |
| South Dakota | 0.08% | No fixed deadline | Not required | Up to 1 year | Up to $2,000 | 30 days minimum |
| Wyoming | 0.08% | 20 days | In some cases | Up to 6 months | Up to $750 | 90 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
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.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
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.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
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.
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
- Neb. Rev. Stat. § 60-6,196(1) (nebraskalegislature.gov)Main statute · BAC limit, age 21 and over
- Neb. Rev. Stat. § 60-6,197.03(2) (nebraskalegislature.gov)Higher BAC level · Ignition interlock, first offense · First offense: license · Second offense: license
- Neb. Rev. Stat. § 60-6,211.01(1) (nebraskalegislature.gov)BAC limit under 21
- Neb. Rev. Stat. § 60-6,197.02(1)(a) (nebraskalegislature.gov)Lookback period
- Neb. Rev. Stat. § 60-498.01(4), (5)(b), (6)(a) (nebraskalegislature.gov)License hearing request
- Neb. Rev. Stat. § 28-106(1) (Class W misdemeanor), with § 60-6,197.03(1) (nebraskalegislature.gov)First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
Show the exact words behind each figureHide the exact words
- 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
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
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.