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Understanding DUI Penalties in Nebraska

Getting arrested for driving while intoxicated can be a stressful time. Because each state has different laws about ignition interlock devices, understanding the laws specific to your state is crucial. Let’s walk through what happens if you’re a resident of Nebraska.

Nebraska DUI Penalties

The the DUI limit in Nebraska is .08. This means that if you’re pulled over and have a prohibited blood alcohol concentration (a BAC above .08), you will be arrested for driving while intoxicated. Your license will be revoked, and you face other penalties depending on if this is your first DUI offense and the level of your BAC. You might also be required to install an ignition interlock device (IID). Listed below the penalties broken out by offense.

First DUI offense:

  • Driver’s license revoked.

You may regain full driving privileges by installing an IID and completing the following steps:

  • Serve a minimum of seven days in jail.
  • Serve a six-month license revocation period.
  • Pay a $500 fine.
  • Apply for an ignition interlock with the DMV.

Second DUI offense:

  • Driver’s license revoked.

You may regain full driving privileges by installing an IID and completing the following steps:

  • Serve a minimum of 30 days in jail.
  • Serve one-year license revocation period.
  • Pay a $500 fine.
  • Apply for an ignition interlock with the DMV.

Subsequent DUI Offenses:

Third and subsequent offenses within 10 year period or four or more alcohol-related offenses:

  • Driver’s license revoked.

You may regain full driving privileges by installing an IID and completing the following steps:

  • Serve a minimum of 30 days in jail.
  • Serve a 15-year license revocation period.
  • Pay a $1,000 fine.
  • Apply for an ignition interlock with the DMV after 45 days, if you’re granted probation.

High BAC DUI in Nebraska

Nebraska drivers arrested for DUI with a BAC of 0.15 or more are subject to the penalties listed above plus some additional consequences. For high BAC drivers on their first offense, the driver’s license revocation period is extended from six months to a year. For those on their second offense, the minimum jail time increases from 30 to 90 days. For those on their third or subsequent offense, the minimum jail time is increased from 90 to 180 days.

Administrative License Revocation (ALR) Law

The state of Nebraska allows law enforcement to confiscate the license of a drunk driver at the time of arrest when certain conditions are met. The ALR law is applied administratively by the DMV. The penalties for the ALR are separate and distinct from any penalties assigned by the court for conviction of drunk driving exceeding .08 BAC level or any conviction for driving under the influence.

Steps of the ALR process:

The police officer pulls over the suspected drunken driver. If the driver acts drunk or performs poorly in field sobriety tests, the officer arrests the motorist for driving under the influence. The driver is asked to take a breath, blood or urine test.

If the driver fails or refuses the test, the officer immediately impounds the license and tells the driver that their license will be revoked in 15 days. The officer provides the driver with a 15-day driving permit and information regarding an administrative hearing and how to apply for an ignition interlock permit.

If the driver refused the test, the license is automatically revoked for one year.
If the driver fails the test, the license is revoked for 180 days for a first offense. The second offense requires a one-year revocation.

The driver may request a hearing. The DMV will schedule one within 20 days of the receipt of the request. At the hearing, the driver may present evidence that he or she did not fail or refuse to take the test.

If the director of the DMV determines the driver failed or refused to take the test, the license is revoked for 90 days or one year. If the director of the DMV determines the driver did not fail or refuse to take the test, the revocation is dismissed and the license returned.
If the driver disputes the decision by the Director of the DMV, an appeal can be filed with the district court.

Nebraska DUI Restricted Permit

Nebraska’s DUI laws allow offenders to waive their right to an Administrative License Revocation (ALR) hearing and apply for an Ignition Interlock Permit (IIP) instead. Along with being a Nebraska resident, at least 18 years old and have a valid a driver’s license, you must complete the following steps to receive your IIP:

Call the Department of Motor Vehicles at (402) 471-3985 to verify eligibility for the IIP. Current certificate of installation showing an approved ignition interlock device has been installed for each vehicle you will operate. IIDs cannot be installed on a commercial motor vehicle.

Surrender your current driver’s license to the DMV. Meet all other applicable reinstatement requirements for any other withdrawal actions on the driving record.

Once the IIP has been authorized, you can go to any licensing station in Nebraska for the IIP. Be prepared to furnish the examiner with proof of your birth date and identity and two forms of proof of residence. Take the issuance certificate from the examiner to your local county treasurer, pay the $47.50 fee and obtain the permit.

Installing Your Ignition Interlock Device

Intoxalock offers numerous authorized service center locations throughout the state of Nebraska. Our customer service representatives work with you to find a location closest to you and help you understand your ignition interlock requirements. For questions about installing a device or understanding Nebraska ignition interlock requirements, you can call one of our Intoxalock state specialists at (844) 283-6148 or visit the Nebraska page.

You can also learn more about why to choose Intoxalock as your ignition interlock provider.

 



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