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Nebraska DUI/DWI Laws

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Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .15
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – Yes
  • Ignition Interlock – Mandatory for all convictions
  • Vehicle and License Plate Sanctions – Yes – Vehicle immobilization

General State Information

Understanding DUI/DWI Penalties

There are four main factors that determine the severity of the penalties incurred:

  1. The age of the driver
  2. The substance impairing you. This may be drugs, or alcohol, or both
  3. The category of your driver’s license (Restricted, CDL)
  4. Whether you refused a chemical test

Chemical Test Refusal

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Nebraska are:

 

1st Refusal

2nd Refusal

3rd Refusal

Lookback Period

  • In Nebraska the lookback period is 15 years
  • Any arrest for DUI/DWI within 15 years of your first offense results in higher penalties

Zero Tolerance

  • Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
  • A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties for Underage Drivers (under 21)

1st Offense

 

2nd Offense

  • license revocation (length determined by the circumstances of your violation and judges discretion)

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

1st Offense

  • 15 day suspension (minimum before one can apply for a restricted license)
  • $500 fine (maximum)

 

2nd Offense

  • license revoked for 1 year (minimum)
  • $500 – $1000 fine

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

1st Offense

  • $500 fine (minimum)

 

2nd Offense

SR-22 Insurance Requirements

  • SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
  • Most, but not all states have SR-22 statutes
  • In Nebraska an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
  • You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
  • Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

Wet Reckless

  • Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
  • Nebraska does allow for plea bargains in DUI/DWI cases
  • It can only be pleaded down to reckless driving
  • This allows you to avoid a criminal record
  • Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
  • The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
  • This plea bargain is typically only allowed for first time offenders with no aggravating factors involved