Ever gotten a ticket and thought, “Wait, that’s actually illegal?” You’re not alone. Nebraska has a bunch of driving rules that trip people up every single day.
This guide breaks down the big ones. Speed limits, phone laws, DUI penalties, seatbelts, all of it. Simple and straight to the point.
What Counts as a Traffic Law in Nebraska?
Traffic laws are the rules that keep roads safe for everyone. Nebraska’s rules cover things like speed, phone use, seatbelts, and drunk driving.
They exist for one reason. To stop crashes before they happen. Makes sense, right?
Nebraska splits these rules into two types. “Primary” laws let police pull you over just for that violation alone. “Secondary” laws mean they need another reason to stop you first.
Sound complicated? It’s actually not. Just remember: primary means instant trouble. Secondary means it gets added on top of something else.
Basic Speed Limit Laws
How Fast Can You Actually Go?
Nebraska has some of the highest speed limits in the country. Only four states allow drivers to go faster.
On rural interstates, the limit is 75 mph. That’s the highest you’ll see anywhere in the state.
Urban interstates and freeways drop to 60 mph. Divided highways cap out at 65 mph. Expressways and super-two highways sit at 70 mph.
Business districts are much slower at 20 mph. Residential areas usually sit around 25 mph. And school zones drop to 20 mph, but only during certain hours.
Wondering why the limit keeps changing? Nebraska looks at traffic engineering data for each stretch of road. Busier or more dangerous areas get lower limits.
What Happens If You Speed?
Here’s where it gets interesting. Nebraska doesn’t just care about the posted number. There’s also a “basic speed law.”
This law says you always have to drive at a safe speed for conditions. So even going the speed limit in a snowstorm could get you a ticket.
Fines climb fast the more over the limit you go. Going 1 to 5 mph over might cost around $50. Go 36 mph or more over the limit, and you’re looking at fines up to $400.
Pause for a second. This part matters. Fines double in construction and school zones. So that quick shortcut through a work zone could cost you way more than expected.
Go more than twice the speed limit, and Nebraska treats it as reckless driving. That’s a much bigger deal. It can mean real legal trouble, not just a fine.
Phone and Texting Laws
Can You Text and Drive in Nebraska?
Short answer: no. Nebraska bans texting while driving for everyone, no matter your age.
The law covers reading, typing, or sending a written communication using a handheld device while the vehicle is in motion. That means texts, emails, and even scrolling social media.
Here’s the twist though. This is currently a secondary law. Officers can only cite you for texting if they’ve already stopped you for another violation, like speeding.
Not sure if that seems weak? A lot of Nebraskans think so too. Lawmakers have proposed changing this more than once.
What About Just Talking on the Phone?
Holding your phone to make a call is currently allowed for most adult drivers in Nebraska, as long as you’re not texting. Hands-free is always the safer bet, though.
Honestly, this is the part most people miss. If you’re under 18 or driving with a learner’s permit, the rules get much stricter. Novice drivers cannot use any interactive wireless device at all while driving, hands-free or not.
What’s the Fine for Texting and Driving?
Fines increase with each violation. A first offense costs $200. A second costs $300. A third or later offense costs $500. Each violation also adds three points to your license.
Trust me, that adds up fast when combined with insurance increases too.
Seatbelt and Car Seat Laws
Who Has to Wear a Seatbelt?
Everyone in the front seat must buckle up. That includes the driver.
Children under 18 must also wear seatbelts, whether they’re sitting in the front or back. If you’re driving with a learner’s permit, all your passengers must buckle up too, no exceptions.
Here’s a quick tip. This is a secondary law for adults. So you generally can’t get pulled over for just this alone, unless you’re also violating something else.
What’s the Fine for Not Wearing One?
The base fine is $25, plus court costs. One point gets added to your license too.
Small fine, big risk though. Seatbelts save lives every single day. That part’s not up for debate.
Car Seats Are a Different Story
Kids under 8 must ride in an approved car seat or booster, and this is a primary law. Officers can pull you over just for this violation alone.
Not sure what seat your kid needs? Here’s the basic breakdown. Rear-facing seats work until age 2 or until your child outgrows the weight limit. Forward-facing seats come next. Booster seats are the final step before a regular seatbelt fits properly, usually around 4 feet 9 inches tall.
DUI Laws and Penalties
What Counts as Driving Under the Influence?
Nebraska’s legal blood alcohol limit is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
Stay with me here, because this part is important. Even being under the limit doesn’t guarantee you’re safe. If an officer believes drugs or alcohol impaired your driving at all, you can still be charged.
What Happens on a First DUI?
A first offense DUI in Nebraska is a misdemeanor. But don’t let that word fool you, it’s still serious.
Penalties typically include 7 to 60 days in jail, $400 to $500 in fines, and a 6 month license revocation.
Think of it like this. It’s not as severe as a felony, but it’s still no joke. You’ll likely need an ignition interlock device too. That’s a breathalyzer hooked up to your car that stops it from starting if it detects alcohol.
Does It Get Worse for Repeat Offenses?
Yep, a lot worse. A second DUI brings 30 to 180 days in jail and an 18 month license revocation.
A third offense within 15 years becomes a felony. That means 90 days to a year in jail and a 15 year license revocation.
Here’s where it gets serious. A fourth DUI is automatically a felony too, and it can mean permanent license revocation. Nebraska really does not go easy on repeat offenders.
What If You Refuse the Breath Test?
Refusing a chemical test triggers an automatic license suspension, even without a DUI conviction. Nebraska requires you to consent to testing once an officer has probable cause, under what’s called the implied consent law.
Basically, refusing doesn’t save you. It just adds a separate penalty on top.
The Nebraska Points System
Nebraska tracks your driving record using a point system. Different violations add different amounts.
Minor speeding or an expired license usually adds one point. Texting while driving adds three points. Careless driving or major speeding can add four points or more.
Here’s the part that really matters. If you rack up 12 or more points within two years, your license gets automatically revoked.
A first revocation lasts six months. Repeat within five years, and it can stretch up to three years. That’s a long time without a license, honestly.
Special Circumstances
Teen and Novice Drivers
Nebraska has extra rules for new drivers. If you hold a learner’s permit or provisional license, you cannot use any wireless device while driving, period.
You’re not alone if this confuses you, most parents don’t realize how strict these rules are. Novice drivers also must make sure every passenger buckles up, no exceptions allowed.
Commercial Drivers
Truckers and commercial drivers face lower speed limits and a stricter BAC threshold of 0.04%. A DUI for a commercial driver can end a career fast, since it often means losing their commercial license entirely.
Move Over Law
If you see flashing lights on the shoulder, whether it’s police, a tow truck, or a stranded driver, you’re required to move over a lane if possible, or slow down significantly. This one saves lives constantly, and it’s honestly an easy rule to follow.
How to Stay Compliant and Avoid Trouble
Here’s the simple version. Buckle up every time, even for short trips. Keep your phone down while driving, texting just isn’t worth it.
Watch your speed, especially near schools and construction zones. Fines double there, remember?
If you’re ever unsure whether something’s legal, it’s worth a quick search or a call to the Nebraska DMV. Better to double check than get surprised with a ticket.
And please, never get behind the wheel after drinking. Call a ride instead. It’s genuinely not worth the risk to your life or someone else’s.
Frequently Asked Questions
Is texting while driving a primary offense in Nebraska?
No. It’s currently a secondary offense, meaning police need another reason to pull you over first before citing you for texting.
What’s the speed limit on Nebraska interstates?
Rural interstates allow up to 75 mph. Urban interstates and freeways drop to 60 mph.
How many points before I lose my license in Nebraska?
Twelve or more points within a two year period leads to automatic license revocation.
Is the seatbelt law primary or secondary in Nebraska?
It’s secondary for adults, meaning you generally can’t be pulled over for that alone. Car seat laws for kids under 8 are primary, though.
What’s the legal BAC limit in Nebraska?
It’s 0.08% for regular drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
Final Thoughts
Nebraska’s driving laws cover a lot of ground, from speed limits to seatbelts to DUI penalties. Most of it comes down to common sense, buckle up, slow down, and put the phone away.
Now you know the basics. Stay informed, stay safe, and when in doubt, look it up or ask a lawyer.
References
- Nebraska Revised Statute 60-6,179.01 – Texting While Driving Law
- Nebraska Department of Transportation – Seat Belt/Occupant Protection Safety
- Nebraska Department of Transportation – Speed Limits Fact Sheet
- DUI.org – Nebraska DUI Laws and Penalties
- Knowles Law Firm – Explaining the Nebraska Driving Record Points System
