Nebraska

nebraskaNebraska State Law

Nebraska has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
Nebraska DMV (Department of Motor Vehicles)
Nebraska is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.

You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th day for 90 days. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court approved locations and emergencies. Nebraska allows you to install an interlock device in lieu of suspension 30 days.

Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures
In Nebraska, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even for a first offense.

License Revocation, Fines and Jail

  • First Offense – Class W Misdemeanor: $400 fine, up to 60 days in  jail, 60 days to 6 months license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period – device must be used for the remainder of the revocation period), alcohol abuse assessment and treatment as instructed, possible 120 hours community service. If BAC 0.15 or more, in addition to the penalties above:  $500 fine, 1 year license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period – device must be used for the remainder of the revocation period).
  • Second Offense – Class W Misdemeanor: $500 fine, up to 6 months in jail, 1 year license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period plus an additional 45 days of no driving–device must be used for the remainder of the revocation period), possible ignition interlock restriction for 6 months upon license reinstatement, alcohol abuse assessment and treatment as instructed. Possible continuous alcohol monitoring device, vehicle immobilization, and 240 hours community service. If BAC 0.15 or moreClass I Misdemeanor, in addition to the penalties above:  up to $1,000 fine, 1 to 15 years license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving – device must be used for the remainder of the revocation period).
  • Third Offense – Class W Misdemeanor: $600 fine, up to 1 year in jail, 2 to 15 years license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period plus an additional 45 days of no driving – device must be used for the remainder of the revocation period), possible ignition interlock restriction for 6 months upon license reinstatement, possible use of continuous alcohol monitoring device and abstentance from alcohol for a period of no less than 60 days, alcohol abuse assessment and treatment as instructed, and possible vehicle immobilization. If BAC 0.15 or moreCLASS IIIA FELONY, iaddition to the above penalties: up to $10,000 fine, up to 5 years in  jail, 5 to 15 years license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period plus an additional 45 days of no driving–device must be used for the remainder of the revocation period).
  • Fourth Offense – Class IIIA Felony: up to $10,000 fine, up to 5 years in jail, 15 year license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving–device must be used for the remainder of the revocation period), possible ignition interlock restriction for 6 months upon license reinstatement, possible use of continuous alcohol monitoring device and abstention from alcohol for a period of no less than 90 days, alcohol abuse assessment and treatment as instructed, and possible vehicle immobilization. If  BAC 0.15 or more – CLASS III FELONY, in addition to the above penalties: up to $25,000 fine, up to 20 years in jail, 15 years license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period plus an additional 45 days of no driving–device must be used for the remainder of the revocation period), and possible use of continuous alcohol monitoring device and abstinence from alcohol for a period of no less than 120 days.
  • Fifth and Subsequent Offense – Class III Felony: up to $25,000 fine, up to 20 years in jail, 15 year license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period + an additional 45 days of no driving – device must be used for the remainder of the revocation period), possible ignition interlock restriction for 6 months upon license reinstatement, possible use of continuous alcohol monitoring device and abstenance from alcohol for a period of no less than 180 days, alcohol abuse assessment and treatment as instructed, and possible vehicle immobilization. If BAC 0.15 or moreCLASS II FELONY, in addition to the above penalties: up to $25,000, up to 50 years in jail, 15 years license revocation (may apply for an ignition interlock restricted drivers permit after 15 days from date of arrest or notice of revocation period plus an additional 45 days of no driving–device must be used for the remainder of the revocation period).

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