Nebraska DUI Laws

Nebraska DUI laws state that any driver over the age of 21 cannot have a blood alcohol level of 0.08% or higher.
Written by Georgina Grant
Reviewed by Kathleen Flear
Oct 21, 2021
Nebraska DUI laws state that any driver over the age of 21 cannot be under the influence of alcohol or drugs and/or have a blood alcohol content (BAC) of 0.08% or higher.
More than 10,000 people are killed on the road every year due to drunk driving crashes in the U.S.
Driving while under the influence of drugs or alcohol is a dangerous crime, and penalties will vary by state. Even for a first-time offense, drivers will shell out up to $10,000 in fines and legal fees—and it will definitely affect your
Nebraska car insurance costs
as well.
That’s why the
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What is a DUI?

A DUI refers to driving under the influence while a DWI means driving while intoxicated or impaired. Each state determines the difference between these two charges.
A DUI charge could mean that the driver was under the influence of alcohol or drugs, even if the drugs weren’t illegal—you can get a DUI charge from prescription drugs or over-the-counter drugs if they make you impaired.
In some states, the charges are OUI (operating under the influence) or OWI (operating while intoxicated).

DUI in Nebraska

In Nebraska, it is illegal to operate a vehicle if you are "under the influence" of drugs or alcohol, meaning you are noticeably impaired in your ability to operate a vehicle safely. It is also illegal to operate a vehicle if you have a blood alcohol content of:
  • 0.08% of higher if you’re 21 or older
  • 0.04% or higher if you have a commercial driver’s license
  • 0.02% or higher if you’re under 21
Nebraska, like every state, has an implied consent law, which stipulates that drivers consent to be tested if they are suspected of driving under the influence of alcohol and/or drugs.
If you are lawfully arrested for a DUI, you must submit to a urine, blood, or breath test. If you refuse, the DMV will revoke your license for one year.

Penalties for DUI in Nebraska

If you are convicted of a DUI in Nebraska, you might be required to complete an alcohol treatment program and community service.
Depending on your BAC level and the number of DUI offenses on your record, you might also pay a fine, serve jail time, and lose your license.

First conviction

Penalty
Description
Fine
$400
Jail
Up to 60 days in city or county jail
License revocation
60 days to 6 months
Vehicle impoundment
Sometimes
SR-22 requirement
Yes
For drivers with a BAC of 0.15% or higher, the additional penalties apply:
Penalty
Description
Fine
$500
License revocation
1 year

Second conviction

Penalty
Description
Fine
$500
Jail
Up to 6 months in city or county jail
License revocation
1 year
Vehicle impoundment
Sometimes
SR-22 requirement
Yes
For drivers with a BAC of 0.15% or higher, the additional penalties apply:
Penalty
Description
Fine
Up to $1,000
License revocation
1 to 15 years

Third conviction

Penalty
Description
Fine
$600
Jail
Up to 1 year in city or county jail
License revocation
2 to 15 years
Vehicle impoundment
Sometimes
SR-22 requirement
Yes
For drivers with a BAC of 0.15% or higher, the additional penalties apply:
Penalty
Description
Fine
Up to $10,000
Jail
Up to 5 years in city or county jail or an adult correctional facility
License revocation
5 to 15 years

Fourth conviction

Penalty
Description
Fine
Up to $10,000
Jail
Up to 5 years in city or county jail or an adult correctional facility
License revocation
15 years
Vehicle impoundment
Sometimes
SR-22 requirement
Yes
If you have a BAC of 0.15% or higher, the additional penalties apply:
Penalty
Description
Fine
Up to $25,000
Jail
Up to 20 years in city or county jail or an adult correctional facility
License revocation
15 years

Subsequent convictions

Penalty
Description
Fine
Up to $25,000
Jail
Up to 20 years in city or county jail or an adult correctional facility
License revocation
15 years
Vehicle impoundment
Sometimes
SR-22 requirement
Yes
If you have a BAC of 0.15% or higher, the additional penalties apply:
Penalty
Description
Fine
Up to $25,000
Jail
Up to 50 years in city or county jail or an adult correctional facility
License revocation
15 years
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Does a DUI impact car insurance in Nebraska?

Yes. Insurance companies take DUI and DWI convictions very seriously, and you’ll be classified as a
high-risk driver
going forward. This means that your auto insurance rates will increase.
It can be hard to find affordable insurance with a DUI on your record, so you’ll probably need to look at a number of different providers in order to find the right policy.
Jerry
can quickly compare rates from up to 50 top insurers so that you don’t have to spend time completing online forms and dealing with sales calls.
Additionally, you’ll have to submit an
SR-22
filing in order to certify that you meet Nebraska’s insurance requirements.

Other effects of a DUI

Besides conviction penalties and higher insurance rates, DUIs can impact your life in other ways.
License revocation: After getting a DUI, you may have your license revoked, especially if you have multiple DUIs or other offenses.
Ignition interlock device (IID): These devices stop you from starting your car if you have any alcohol on your breath. If you get a DUI, you might be required to install one on your vehicle.
Vehicle impoundment: In special circumstances, the court might order that your car be immobilized for up to eight months. Installing an IID is usually offered as an alternative.
Background checks: DUIs appear on background checks, which could hurt your job prospects in the future.

How to find cheap insurance after a DUI

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