Nebraska · DUI · Checked October 2026
Nebraska DUI Penalties: First, Second and Third Offense
Nebraska DUI Penalties: What Are the Rules?
Nebraska sets DUI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 15 years
Nebraska DUI Penalties by 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 |
Other First Offense Penalties in Nebraska
- Class W misdemeanor mandatory minimum: 7 days jail and $500 fine unless probation or a suspended sentence is ordered
Other Second Offense Penalties in Nebraska
- not eligible for reinstatement until the interlock has been installed for the period ordered
When Penalties Are Higher in Nebraska
- 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 service
- 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)
- 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)
When a DUI Is 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 feloniesNeb. Rev. Stat. § 60-6,197.03(6)-(10)
How Far Back Prior Offenses Count in Nebraska
15 years. a prior conviction counts if the violation was committed within the 15 years before the current offenseNeb. Rev. Stat. § 60-6,197.02
Official source: how far back prior offenses count (Nebraska)
More on DUI Law in Nebraska
See the full overview of DUI laws in Nebraska and read about first-offense DUI penalties across the states.
This page summarizes Nebraska law from official sources, checked October 2026. It isn't legal advice; 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).
What Is the Penalty for a Second DUI in Nebraska?
Jail: 30 days to 6 months (on probation: 10 days jail or 240 hours of community service). Fine: $500. License suspension: 18-month revocation, with a 45-day no-drive period.
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