Created by FindLaw's team of legal writers and editors | Last updated March 12, 2018
The "Cornhusker State" is filled with dramatic rock formations, beautiful prairies, and a nostalgic, pioneering past. In Nebraska, you can see the lush lawns of the Sunken Gardens, exotic animals in the Henry Doorly Zoo, and catch a game at the sports complex at the campus of the University of Nebraska. What you can't do is drink alcohol or use controlled substances and drive your car.
Like all other states and the District of Columbia, Nebraska has laws prohibiting driving under the influence of alcohol, drugs, or a combination of both. If you are arrested and convicted of a DUI, the penalties and fines are incredibly high. The moral of the story, don't drink alcohol or do drugs and drive. But if you do, here is some information on Nebraska's DUI laws to help you make an informed decision about your case.
If a driver has been convicted of three DUIs within 15 years, any subsequent conviction within that time period will be an automatic felony DUI . The consequences of a felony DUI are severe, including a mandatory 180 day minimum jail sentence, a 15-year license revocation, and more.
A driver who is convicted of a DUI will have to pay for a mandatory alcohol assessment and could be ordered to attend a alcohol treatment program at their own expense. After the driver completes the evaluation, the counselor will send a report to the court with his or her recommendations regarding treatment. The court will order the driver to follow the treatment recommendations made by the specific agency.
This chart lays out the basics of Nebraska's DUI laws:
Nebraska DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent |
|
| "Per Se" BAC Limit | 0.08 Percent |
| Zero Tolerance (Underage) BAC Limit | 0.02 Percent |
| Enhanced Penalty (Aggravated) BAC Limit | 0.15 Percent |
| Implied Consent to Submit to BAC Test? | Yes |
Nebraska DUI Laws: Select Penalties |
|
| Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) | 90 days (6 months if convicted)/ 1 year/ 1 year (15 years if convicted) |
| Mandatory Alcohol Education, Assessment and Treatment | Assestment is mandatory, treatment is at the court's discretion based upon the assesment. |
| Vehicle Confiscation Possible? | No (vehicle immobilization and continuous alcohol monitoring) |
| Ignition Interlock Device Possible? | Yes (all convictions) |
If you or someone you know has been arrested for a DUI in Nebraska, you have options. A good first step is to contact an experienced DUI attorney in Nebraska. An experienced DUI attorney in Nebraska will have in-depth knowledge of the state's laws and be able to look for any possible defenses to the charges against you.
Contact a qualified DUI attorney to make sure your rights are protected.
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.