DUI Laws in Nebraska (DUI)

Overview

Nebraska treats impaired driving as DUI (Driving Under the Influence) and imposes escalating penalties with a 15-year lookback period for prior offenses. A third DUI within 15 years is a felony if the current offense involved a BAC of 0.15% or higher or a refusal; any fourth offense within 15 years is a felony regardless of alcohol level. Nebraska has a relatively low enhanced penalty threshold at 0.15% BAC, triggering longer license revocations and mandatory ignition interlock. The state also participates in the Interstate Driver's License Compact, so out-of-state convictions count toward Nebraska's enhancement scheme.

Official term: DUI

BAC Limits

Penalties by Offense

Felony threshold: Aggravated 3rd offense (two priors within 15 years plus BAC ≥ 0.15% or refusal): Class IIIA felony. Any 4th offense (three priors within 15 years): Class IIIA felony (minimum 180 days); aggravated 4th: Class IIA felony (minimum 1 year). 5th or subsequent (four or more priors): Class IIA felony (minimum 2 years); aggravated 5th+: Class II felony (minimum 2 years) (§ 60-6,197.03(6)-(10)). Lookback period: 15 years — prior DUI convictions within this window count toward offense enhancement.

Additional Penalty Details

Implied Consent Law

Under Nebraska's implied consent law (Neb. Rev. Stat. § 60-6,197), 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.

Refusal penalties: Refusing a chemical test is itself a crime in Nebraska — a violation of Neb. Rev. Stat. § 60-6,197 punished on the same offense-count ladder as DUI, with refusal treated the same as a BAC of 0.15% or higher for the aggravated tiers. Administratively, refusal triggers a 1-year revocation beginning 15 days after arrest (§ 60-498.02(1)); a failed test triggers a 180-day revocation (1 year with a prior ALR in the preceding 15 years). You must request a hearing within 10 days to contest. An ignition interlock permit is available during the revocation, but only after 15 days plus a 90-day no-driving window (§ 60-498.01(8)(c)). Refusal can be admitted as evidence in a DUI prosecution.

Aggravating Factors

DUI with Injury

Classification: Class IIIA Felony — DUI causing serious bodily injury (Neb. Rev. Stat. § 60-6,198); Class IIA Felony — motor vehicle homicide where DUI is the proximate cause (§ 28-306(3)(b)); Class II Felony — motor vehicle homicide with a prior DUI conviction (§ 28-306(3)(c))

DUI causing serious bodily injury (Class IIIA): up to 5 years and $10,000, with a court-ordered no-driving/revocation period of 60 days to 15 years (§ 60-6,198). Motor vehicle homicide where DUI is the proximate cause (Class IIA): up to 20 years and $10,000, with a mandatory 15-year revocation; with a prior DUI conviction it is a Class II felony (minimum 1 year, up to 50 years, $25,000) (§ 28-306). Restitution to victims is required.

Underage DUI

Nebraska's zero-tolerance limit for drivers under 21 is 0.02%. Driving at 0.02% or above (but under 0.08%) is an infraction carrying a fine of up to $100 and a 30-day license impoundment; refusing a test carries up to a $100 fine and a 90-day impoundment. If BAC is 0.08% or higher, the underage driver faces the same criminal DUI penalties as adults. An alcohol assessment or education program is typically required.

Diversion Programs

Program: Problem-Solving DUI Court / Diversion Programs

Nebraska offers DUI/Drug Courts in several judicial districts as alternatives to traditional sentencing. These programs provide intensive supervision, random testing, frequent court appearances, and mandatory treatment over 18 to 24 months. Some counties also offer pretrial diversion programs for first-time DUI offenders that may result in charges being dismissed upon successful completion.

Eligibility: DUI Courts typically accept repeat offenders with demonstrated substance abuse issues. Pretrial diversion (where available) is generally limited to first-time offenders with BAC below the aggravated threshold (0.15%) and no aggravating factors such as accidents or injuries. Availability varies by county.

How Long a DUI Stays on Your Record

A DUI conviction remains on your Nebraska criminal record permanently. On your driving record, DUI convictions are maintained for at least 15 years for the purpose of the lookback period and remain visible to law enforcement indefinitely. Nebraska allows limited record sealing (set-aside) for some misdemeanor DUI convictions after completion of all sentence conditions, but felony DUI convictions generally cannot be sealed.

Key Statutes

Neb. Rev. Stat. § 60-6,196

Driving under the influence of alcohol or drugs — main DUI offense statute

Neb. Rev. Stat. § 60-6,197

Implied consent to chemical testing

Neb. Rev. Stat. § 60-6,197.02

Prior-conviction and 15-year lookback definitions; sentencing provisions

Neb. Rev. Stat. § 60-6,197.03

Penalties — offense-count ladder with aggravated (0.15% or refusal) tiers

Neb. Rev. Stat. § 60-6,198

DUI causing serious bodily injury — Class IIIA felony

Neb. Rev. Stat. § 60-498.01

Administrative license revocation — confiscation and IID permit procedures

Neb. Rev. Stat. § 60-498.02

ALR revocation periods — 180 days (failed test) or 1 year (refusal)

Neb. Rev. Stat. § 28-306

Motor vehicle homicide

Related

DUI license recovery in Nebraska →