DUI Laws in Nebraska

0.08 for drivers 21 and older. Drivers under 21 may not drive with 0.02 or more (but under 0.08).

A first DUI (no prior conviction) is a Class W misdemeanor: mandatory minimum of 7 days in jail and a $500 fine, up to 60 days in jail. The court revokes the license for six months and requires an ignition interlock permit and device for that period. If the court grants probation or suspends the sentence, the revocation is 60 days with an ignition interlock permit, and a $500 fine is a condition. At 0.15 or more, the revocation is one year with an ignition interlock. A DUI conviction adds 6 points.

DUI becomes a felony in Nebraska in these cases: (1) a 3rd offense (two prior convictions) with a BAC of 0.15 or more, or with a refused chemical test, is a Class IIIA felony; (2) a 4th offense (three prior convictions) is a Class IIIA felony, or a Class IIA felony with at least 1 year in prison if BAC was 0.15+ or the person refused testing; (3) a 5th or later offense is a Class IIA felony (minimum 2 years), or a Class II felony at 0.15+ or with a refusal; (4) a DUI that causes serious bodily injury to another person is a Class IIIA felony. Prior convictions count if they fall within 15 years of the current offense. Felony DUI also brings a license revocation of up to 15 years.

Administrative license revocation: refusing a chemical test of blood, breath or urine results in a one-year revocation. A test at or above the legal limit results in a 180-day revocation (one year if the person had a prior administrative revocation within the preceding 15 years).

15 years. Prior convictions within the fifteen-year period before the current offense count for enhanced DUI sentencing.

According to the Nebraska DMV's driver record retention schedule, a DUI conviction stays on the driving record for 55 years from the conviction date. The DUI revocation itself is kept for 55 years from the reinstatement date, or permanently if the license is never reinstated. For sentencing, prior DUIs count only if they fall within the previous 15 years.

A driver revoked for points may drive a non-commercial vehicle under an employment driving permit or a medical hardship driving permit. For DUI revocations, the court generally orders the person to apply for an ignition interlock permit and drive only vehicles with an interlock device during the revocation.