What Happens When You Get a 2nd DUI in Nebraska?
Nebraska views a second DUI as a serious offense. However, you may be able to plea down penalties.
Written by Sophie Boka
Reviewed by Kathleen Flear
Table of Contents
- What is a 2nd offense DUI in Nebraska?
- What is the punishment for a 2nd DUI in Nebraska?
- How much does a 2nd DUI in Nebraska cost in the long run?
- How to avoid jail time for a 2nd DUI in Nebraska
- How to find affordable car insurance in Nebraska after a 2nd DUI
- FAQs
Load full table of contents
Drivers convicted of a second DUI in Nebraska within 5 years of their first offense can face up to a year in jail and a $1,000 fine. You may also receive probation, license suspension, and other penalties.
When it comes to driving under the influence, the Cornhusker State doesn’t play around. The consequences are heavy after a first offense. Second-offense DUI penalties in Nebraska are even heavier.
If you’re facing a repeat offense, you need to understand your situation and options. Here to break it all down for you is
Jerry
, the driving expert and car insurance
comparison app. Read on for the 101 on second-offense DUIs in Nebraska.And before we wrap up, we'll tell you how to find
cheap car insurance in Nebraska
—even with a 2nd DUI!RECOMMENDED
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What is a 2nd offense DUI in Nebraska?
A second-offense DUI in Nebraska is simply a driver’s second time being charged with driving under the influence (
DUI
) in close succession.In Nebraska, you can be charged with DUI if:
- You’re 21 or older and have a blood alcohol content (BAC) of 0.08% or higher
- You’re under 21 and have a BAC of 0.02% or higher
- You have a commercial driver’s license (CDL) and have a BAC of 0.04% or higher
A DUI conviction in Nebraska will stay on your driving record for 5 years. If you’re arrested for driving under the influence again within 5 years of the original offense, your second arrest will count as a second DUI.
What happens when 5 years pass after the original offense? Any subsequent arrest will legally count as a first offense.
Key Takeaway In Nebraska, if a driver is found driving under the influence for a second time within five years of their first DUI offense, the repeated offense can be charged as a second DUI.
What is the punishment for a 2nd DUI in Nebraska?
In Nebraska, drivers can face two types of penalties after being charged with a second DUI: administrative penalties and criminal penalties. Immediately following an arrest, administrative penalties will be imposed by the DMV. Criminal penalties come later, after being determined by a court conviction.
Your driver’s license will be revoked after being arrested for a second DUI. Whether you refuse the blood test or fail it, the revocation will generally last for one year.
MORE:
Nebraska DUI laws
That said, if you refuse the test, you can be charged for doing so. This refusal
could lead to you losing your license
anywhere from 18 months to 15 years.Nebraska’s second DUI criminal penalties are increasingly severe and can include:
- 10 days to a year in jail
- $500 to $1,000 in fines (in addition to any additional fees and processing costs)
- A recommended treatment program
- Wearing an alcohol monitoring device
- Sobriety during the revocation period
- Obtaining an ignition interlock (IID) permit and device
- 5 days to 8 months of vehicle immobilization
The penalties assigned to your case will be left up to the discretion of the court. If you are found driving with a BAC under 0.15%, there’s a greater likelihood of you facing minimal penalties. Sometimes, you may even be able to have your jail time converted to community service hours.
Likewise, some circumstances can lead to more serious penalties, including heftier fines and jail sentences. These include:
- A BAC of 0.15% or above
- Refusing to submit to a BAC test
- Excessive speeding at the time of arrest
- Causing an accident, injury, or fatality while driving under the influence
Key Takeaway In Nebraska, a second DUI canland you in jailfor 10 days, incur a $500 fine, and a one-year license revocation.
How much does a 2nd DUI in Nebraska cost in the long run?
After your case is determined, you’ll be left to financially navigate the verdict. While the fee may be the only monetary penalty we’ve mentioned, there are additional expenses you’ll take on if convicted of a second DUI.
The impact of fines, license revocation, jail time, and other consequences can often end up amounting to around $10,000! How did this number get so high? Let’s unpack it.
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Fees and penalties
There may be a $1,000 cap on fines for a second DUI, but there are other costs you’ll have to pay.
First off, bonds can cost you anywhere from $250 to $2,500. Then there are court costs, which can set you back around $100. If you’re assigned probation, you’ll have to pay an initial fee and monthly fee, which can each cost around $50.
These numbers are already adding up but will only get higher if it’s determined that you owe restitution.
Alternative transportation
And the costs keep coming. When your license is revoked, you will be forced to rely on alternate modes of transportation. While public transport can be cheaper than driving your own vehicle, the cost of ride services can add up.
Not to mention, work and other opportunities may become more difficult to obtain with limited transportation options.
Later on, if you are permitted to drive with an IID, you will have to pay for the cost of the device, which will be around $50, in addition to monthly monitoring fees.
Increased car insurance costs
Being charged with a second DUI will rack up other monetary penalties, too—like a hike in your car insurance premium. After a DUI conviction, your premium can go up an average of 80%.
Basic
liability car insurance
in Nebraska costs an average of $2,629 each year. That 80% hike could cost you an extra $2,103 each year! And if you take out full coverage, that number will be even higher.How to avoid jail time for a 2nd DUI in Nebraska
Are you facing a second DUI conviction in Nebraska? You’ll certainly face some penalties. But you may be able to limit jail time and minimize your expenses.
How? Try the following:
- Hire a defense attorney. Decreasing jail time for a second DUI is no walk in the park. If you want to stand a chance at bringing your sentence down, you’d be smart to hire an experienced attorney who knows the system and can advocate on your behalf.
- Plead guilty to a “wet reckless” charge. This is a lesser offense that is often assigned lighter penalties and less jail time.
Whether you plead guilty or not, hiring a skilled attorney is your best bet if you want to get your penalties reduced or your charges dropped altogether. The right attorney can even reduce or eliminate jail time by proving that the arresting officer failed to follow correct procedures.
Now, what’s this about pleading guilty? And what on earth is a wet reckless plea deal? Glad you asked.
Check it out: by pleading guilty to reckless driving, during which alcohol or drugs were involved, you could lessen your penalties.
How is wet reckless driving different from a DUI? It’s really a legal technicality, but it comes with benefits like a shorter license suspension, less jail time, and lower fines.
How to find affordable car insurance in Nebraska after a 2nd DUI
Since a DUI is just one of many violations that could lead to you losing your license for a year—can you just hop back into your vehicle after that year passes? Not so fast. First, you need to get your license back.
Before you can do so, you need to file an
SR-22 certificate in Nebraska
with your local DMV. This certificate demonstrates that you’ve met Nebraska’s minimum insurance coverage, which, unfortunately, will now cost you a bit more than before.How come? Risk. Your
car insurance
quote indicates how much risk insurers feel they’re taking on by insuring you. After a second DUI, they often feel they’re taking on a lot.With a second DUI under your belt, it can seem impossible to find affordable car insurance. Sure, when enough time goes by, that DUI will be removed from your record. Come that point, you may see reduced rates.
But what about until then? How can you find affordable car insurance?
Turn to
Jerry
, the #1-rated insurance app in the App Store designed to make car insurance accessible for all drivers—regardless of their background. In a few taps, you tell us what you’re looking for, and in seconds, we’ll analyze the market to find the most competitive options out there from top car insurance companies.“Amazing! I’ll admit, I’m young with 2 accidents. This spiked my insurance rates and every quote I found.Jerry, though, helped me find affordable insurance. It truly helped me!” —Marcus F.
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FAQs
Is a 2nd DUI a felony in Nebraska?
No. In Nebraska, if the only offense is a second DUI, then this offense is a misdemeanor.
Is jail time mandatory for 2nd DUI in Nebraska?
Yes, in Nebraska there is generally a minimum 10-day penalty for a second DUI. However, your penalty may be able to be partially substituted for lesser penalties depending on your case.
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