Nebraska · DUI · Checked October 2026

DUI Laws in Nebraska

What Happens if You Get a DUI in Nebraska?

Nebraska calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 10 days to challenge your license suspension
First offense jail: 7 to 60 days (no jail required if the court grants probation)
First offense fine: $500
First offense license: 6-month revocation (60 days if placed on probation)
Felony: A fourth offense (three prior convictions within 15 years) is a Class IIIA felony; a third offense becomes a Class IIIA felony when BAC was 0.15 or higher or the driver refused testing; fifth and later offenses are Class IIA or Class II felonies

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Nebraska DUI Laws: Key Facts

Legal limit (adults): 0.08 BACNeb. Rev. Stat. § 60-6,196; § 60-4,164 (commercial); § 60-6,211.01 (under 21); § 60-6,197.03 (0.15)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (0.02 or more but under 0.08 for a driver under 21 is a traffic infraction)
Enhanced penalties from: 0.15 BAC
Lookback period: 15 years
Insurance filing: SR-22, 3 years from the date of eligibility for reinstatement (court-ordered revocations)

Nebraska DUI Penalties by Offense

DUI penalties in Nebraska for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	Class W misdemeanor	Class W misdemeanor	Class W misdemeanor
Jail	7 to 60 days (no jail required if the court grants probation)	30 days to 6 months (on probation: 10 days jail or 240 hours of community service)	90 days to 1 year (on probation: 30 days jail)
Fine	$500	$500	$1,000
License suspension	6-month revocation (60 days if placed on probation)	18-month revocation, with a 45-day no-drive period	15-year revocation (2 to 15 years if placed on probation, with a 45-day no-drive period)
Ignition interlock	must apply for an ignition interlock permit and use an interlock during the revocation	ignition interlock permit and device for at least 1 year	after the 45-day no-drive period the court may allow an ignition interlock permit

First offense: Neb. Rev. Stat. § 60-6,197.03(1); § 28-106 · Second offense: Neb. Rev. Stat. § 60-6,197.03(3); § 28-106 · Third offense: Neb. Rev. Stat. § 60-6,197.03(4); § 28-106

When Penalties Are Higher

first offense with BAC 0.15 or higher: 1-year license revocation with an interlock permit; on probation, $500 fine plus 2 days jail or at least 120 hours of community serviceNeb. Rev. Stat. § 60-6,197.03(2)
second offense with BAC 0.15 or higher, or refusal: Class I misdemeanor: at least 90 days jail, $1,000 fine, revocation of 18 months to 15 years (on probation: 30 days jail)Neb. Rev. Stat. § 60-6,197.03(5)
third offense with BAC 0.15 or higher, or refusal: Class IIIA felony: at least 180 days, 15-year revocation (on probation: 60 days jail plus 60 days continuous alcohol monitoring)Neb. Rev. Stat. § 60-6,197.03(6)

More on Nebraska DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

refusal is a separate crime punished like DUI, plus a 1-year administrative revocation; refusal also triggers the enhanced penalties for second and later offensesNeb. Rev. Stat. § 60-6,197; § 60-498.02; § 60-6,197.03

Official source: if you refuse a breath or blood test in Nebraska

Getting a Ignition Interlock Permit (or 24/7 Sobriety Program Permit)

you may waive the ALR hearing and apply for an ignition interlock permit instead; filing a hearing petition makes you ineligible unless a court orders it; permit time earns day-for-day credit against the court revocation; court-ordered permits follow any no-drive period

Official source: getting a ignition interlock permit (or 24/7 sobriety program permit) in Nebraska

Ignition Interlock

First offense: yes: a first offender must apply for an ignition interlock permit and use a device for the revocation period Repeat offenses: second offense: at least 1 year after a 45-day no-drive period; third and later: court may allow a permit after 45 days you can drive only vehicles with a device; the permit is not valid for commercial vehicles

Official source: ignition interlock in Nebraska

Can a DUI Come Off Your Record?

a conviction can be set aside (nullified) after a probation, fine-only or community service sentence is completed; the set-aside still counts as a prior for future DUI sentencing Waiting period: after completing probation and paying any fine petition the sentencing court; motor vehicle offenses under the Rules of the Road can't be set aside under the broader subsection (3) route for other sentences

Official source: can a dui come off your record? in Nebraska

Drivers Under 21

a driver under 21 with 0.02 or more but under 0.08 commits a traffic infraction license impounded 30 days for each violation; 90 days for refusing the test

Official source: drivers under 21 in Nebraska

Driving After Using Drugs

yes: the same DUI statute covers driving under the influence of alcoholic liquor or of any drug

Official source: driving after using drugs in Nebraska

More on DUI Law in Nebraska

For the state's own guidance, see Nebraska DMV: Administrative License Revocation (ALR).

This page summarizes Nebraska law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Nebraska can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in Nebraska?

Jail: 7 to 60 days (no jail required if the court grants probation). Fine: $500. License suspension: 6-month revocation (60 days if placed on probation).

How Long Do You Have to Request a License Hearing in Nebraska?

10 days. How it is counted: the date of arrest (or, if the notice of revocation is mailed later, the date it was mailed); the petition must be delivered to DMV or postmarked within that time. Complete the written ALR petition and mail or deliver it to the Department of Motor Vehicles; if the notice was mailed, return your license with the petition. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in Nebraska?

a fourth offense (three prior convictions within 15 years) is a Class IIIA felony; a third offense becomes a Class IIIA felony when BAC was 0.15 or higher or the driver refused testing; fifth and later offenses are Class IIA or Class II felonies

Do You Need an SR-22 After a DUI in Nebraska?

Yes. How long: 3 years from the date of eligibility for reinstatement (court-ordered revocations). An SR-22 is a form your insurer files with the state to prove you carry the required coverage.