Getting pulled over after a few drinks can change your life in seconds. One bad choice. A lifetime of consequences.
This guide breaks down Nebraska’s DUI laws in plain English. No confusing legal talk. Just what you need to know.
What Is a DUI in Nebraska?
DUI stands for “driving under the influence.” In Nebraska, it means operating or controlling a vehicle while impaired by alcohol or drugs.
Here’s the thing most people don’t realize. Nebraska DUI laws are controlled by a statute that makes it illegal to operate or maintain actual physical control of a vehicle while under the influence of alcohol or controlled substances. Sit in the driver’s seat while drunk, even with the engine off? That can still count.
So simple, right? Not exactly. Let’s break it down more.
Basic DUI Laws
The Legal BAC Limit
BAC means blood alcohol concentration. It measures how much alcohol is in your system.
The legal BAC limit in Nebraska is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21. That’s a pretty low bar for younger drivers. Basically zero room for error.
Wondering if you could be charged even under 0.08%? Yes, you can. Officers can charge you with DUI based on impairment alone, even without a high BAC reading.
What Counts as “Under the Influence”
This law isn’t just about alcohol. Prescription medications, marijuana, and illegal drugs all qualify for DUI charges. Doesn’t matter if a doctor prescribed it.
Honestly, this surprises a lot of people. Medical marijuana patients face the same DUI penalties as recreational users, and Nebraska law makes no exceptions for prescribed or legally obtained substances. You’re not alone if this confuses you. Most people assume a prescription protects them. It doesn’t.
Penalties for a First Offense
Okay, this part is important. Stay with me here.
A first DUI in Nebraska is a misdemeanor. But don’t let that word fool you. It still carries real jail time and real fines.
Penalties include 7 to 60 days in jail, $500 in fines, and a 6-month license revocation. There’s a mandatory minimum too. Nebraska requires a seven-day mandatory minimum in jail, up to 60 days maximum, though courts may allow work release or house arrest.
If your BAC hits 0.15% or higher, things get worse fast. Nebraska DUI laws impose stricter penalties on drivers with a BAC of 0.15% or higher. A first offense at this level means revocation for 1 year and at least 7 days in jail.
Think of it like this. A regular DUI is bad. An aggravated DUI is like adding fuel to the fire.
Penalties for Second and Third Offenses
Here’s where things get serious.
A second offense DUI carries a minimum of 90 days in jail and up to 15 years of license revocation. That’s not a typo. Fifteen years without a license.
A third DUI within 15 years pushes you into much more dangerous territory. A third DUI within 15 years is a felony carrying mandatory prison time. Felony convictions follow you forever. They show up on background checks for jobs, housing, and more.
Not sure why 15 years matters so much? Nebraska counts prior DUI convictions within a 15-year look-back period. A DUI conviction counts as a prior offense for enhanced penalty purposes if a subsequent offense happens within 15 years of the prior conviction date. After that window closes, older convictions stop adding to your penalties. They still stay on your record though.
Pattern interrupt: here’s a fact that shocks people. A fourth DUI conviction carries 180 days to 3 years in jail, post-release supervision for up to 18 months, up to $10,000 in fines, and a 15-year license revocation. Some sources note license revocation after a fourth conviction can stretch even further, depending on the county and circumstances.
License Revocation and Ignition Interlock Devices
Losing your license is often the part that hurts most. No driving to work. No picking up your kids. It’s rough.
An ignition interlock device, or IID, is a small breathalyzer wired into your car. Blow into it before the engine starts. Fail the test, and the car won’t move.
First-time offenders with a BAL of 0.15 or higher must install an ignition interlock device for one year, while those with lower BAC levels require six months. Repeat offenders face longer requirements. Repeat offenders face mandatory ignition interlock requirements ranging from two to four years, depending on their BAL and conviction history.
Quick tip: you pay for this device yourself. All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. It’s not cheap, but it beats walking everywhere.
Refusing a Breath or Blood Test
Think refusing a test gets you out of trouble? Wait, it gets worse, not better.
Nebraska has what’s called an implied consent law. Drive on Nebraska roads, and you’ve already agreed to testing if an officer has probable cause. Under Nebraska’s implied consent law, any person operating or in actual physical control of a motor vehicle in Nebraska is deemed to have consented to a chemical test of blood, breath, or urine when directed by law enforcement with probable cause.
Refuse that test, and here’s what happens. A first refusal results in a 1-year administrative license revocation, and a second or subsequent refusal leads to an 18-month to 15-year revocation depending on prior history. Refusal also triggers mandatory ignition interlock requirements. It can even be used as evidence against you in court.
Honestly, refusing rarely helps. It just adds more penalties on top of what you’re already facing.
DUI Causing Injury or Death
This is the most serious part of Nebraska DUI law, and it deserves your full attention.
If someone gets seriously hurt because of your impaired driving, the charge jumps way up. DUI causing serious bodily injury is classified as a Class IIIA felony, carrying up to 5 years imprisonment and up to $10,000 in fines.
If someone dies, the consequences are even more severe. Motor vehicle homicide while DUI is a Class III felony, carrying up to 20 years imprisonment and up to $25,000 in fines. Twenty years. Read that again. This isn’t a fine-and-move-on situation. It’s a life-altering felony.
Special Rules for Drivers Under 21
Nebraska takes underage drinking and driving extremely seriously. Personally, I think this rule makes total sense, given how much more dangerous impaired driving is for new drivers.
Drivers under 21 with a BAC of 0.02% or higher face an automatic 90-day administrative license impoundment for a first offense, 1 year for a second, and 2 years for a third. That’s practically zero tolerance. One drink could be enough.
If a young driver’s BAC reaches adult limits, things escalate. If BAC is 0.08% or higher, the underage driver faces the same criminal DUI penalties as adults, plus must complete an alcohol assessment and may need an education program.
Recent Changes to Nebraska DUI Law
Laws don’t stay still. Nebraska updated a few things heading into 2026.
The Nebraska Legislature passed LB 478 in 2025, expanding electronic monitoring for DUI offenders starting January 1, 2026. This basically gives judges another option besides straight jail time, as long as offenders follow strict monitoring rules.
There’s also a new testing protocol. Starting March 2026, all breath tests over 0.08% require a second confirmatory test within 10 minutes, and failing to conduct that second test may invalidate the results. This protects both drivers and the state from bad readings.
Nebraska also rolled out financial help for lower-income drivers. The Nebraska DMV launched an income-based ignition interlock subsidy program in late 2025. Not everyone can afford $100+ a month for a device, so this helps close that gap.
What to Do After a DUI Arrest
Your first move matters more than you think.
Contact the Nebraska DMV Driver Services quickly if your license gets revoked administratively. You typically have only 10 days to challenge a license revocation, so don’t wait.
Here’s what you should actually do. Stay calm during the stop. Don’t argue with police on the roadside, save that for your attorney. Write down everything you remember while it’s fresh.
Then call a lawyer. Seriously, don’t try to handle this alone. A DUI lawyer can make sure the charges are legal and help you navigate the system while giving you peace of mind.
Can a DUI Be Removed From Your Record?
Short answer? Not easily. DUI convictions remain on your record permanently in Nebraska unless successfully set aside through a pardon or set-aside proceeding. Regular expungement isn’t an option here.
That permanent record follows you. Job applications. Apartment rentals. Background checks. It’s more common than people think for a DUI to quietly block opportunities years later.
Frequently Asked Questions
What is the legal BAC limit in Nebraska?
The limit is 0.08% for drivers 21 and older, 0.04% for commercial drivers, and 0.02% for drivers under 21.
Is a first DUI a felony in Nebraska?
No. A first and second DUI are typically misdemeanors. A third offense within 15 years can become a felony.
Can I refuse a breathalyzer test in Nebraska?
You can refuse, but it triggers an automatic license revocation and can be used against you in court.
Does Nebraska allow DUI expungement?
No. DUI convictions stay on your record permanently unless you get a pardon or a set-aside.
How long does a first-offense license revocation last?
Typically 60 days to 6 months for a non-aggravated offense, or up to 1 year if your BAC was 0.15% or higher.
Final Thoughts
Nebraska doesn’t play around when it comes to impaired driving. One decision behind the wheel can cost you your license, your money, and years of your freedom.
Now you know the basics. Stay informed, plan ahead if you’re drinking, and when in doubt, call a rideshare instead of your own car. If you’re already facing charges, talk to a qualified Nebraska DUI attorney as soon as possible.
