Nebraska DUI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

A Nebraska DUI arrest under Neb. Rev. Stat. § 60-6,196 triggers two parallel processes: a criminal charge in county court and an administrative license revocation by the Nebraska DMV. Both move quickly. The driver typically has only a short window after arrest to request an administrative hearing if they want to contest the revocation, and the criminal case follows on its own court schedule.

The legal threshold

Nebraska's per-se DUI thresholds:

Adults 21+: 0.08% BAC.
Drivers under 21: 0.02% BAC under the state's "minor in possession of alcohol while operating" rule.
Commercial drivers (CDL): 0.04% BAC.
Aggravated DUI: 0.15% BAC or higher carries enhanced penalties on the first offense.

Nebraska also charges DUI based on impairment evidence below the 0.08% threshold — the prosecution must prove that the driver was under the influence to a degree that affected normal driving capacity.

Administrative license revocation

The arresting officer typically takes the driver's Nebraska license on the spot and issues a temporary 30-day permit along with a notice of administrative license revocation. The revocation begins on day 31 unless the driver requests a hearing with the Nebraska DMV's Office of Driver Licensing within 10 days of arrest. Revocation lengths:

180 days (6 months) for a first BAC failure (0.08+).
1 year for a chemical-test refusal first offense.
Longer for repeat offenders or aggravated DUI.

First-offense criminal penalties

A first DUI in Nebraska is a Class W misdemeanor. Standard first-offense penalties include:

7-60 days in county jail (mandatory minimum 7 days for a BAC at or above 0.15%).
$500 fine plus court costs.
6-month license revocation, concurrent with the administrative revocation.
Mandatory completion of the alcohol assessment ordered by the court.
Ignition Interlock Permit (IIP) and device installation as a condition of any driving during the revocation.
Probation period of up to 1 year.

Aggravated DUI (0.15%+)

An aggravated DUI carries:

Mandatory minimum 7 days in jail (cannot be suspended).
$500 fine plus court costs.
1-year license revocation (longer than the standard 6-month first offense).
Mandatory IID for the driving period during the revocation.

Refusing the chemical test is treated similarly to an aggravated DUI conviction for revocation purposes — 1-year minimum.

Ignition Interlock Permit (IIP)

Nebraska's IIP program lets a revoked driver continue to operate a vehicle equipped with a state-approved Ignition Interlock Device throughout the revocation period. The IIP requires SR-22 financial responsibility, a $45 application fee, and a monthly device fee of approximately $24 plus the installer's monthly cost (typically $70-$100). The IIP eliminates time-of-day and destination restrictions that hardship permits in other states impose. See license reinstatement for the full IIP application path.

Repeat offenses

A second DUI within 15 years brings:

Class W misdemeanor with mandatory 30 days in jail.
$500 fine, plus court costs.
18-month license revocation.
1-year mandatory IID.

A third DUI within 15 years is a Class IIIA felony — up to 3 years in prison, $10,000 fine, 15-year license revocation, and lifetime IID requirement on second-class C felony enhancements. A fourth or subsequent DUI within 15 years is a Class IIA felony with up to 20 years in prison.

Implied consent and chemical test refusal

Nebraska's implied consent law treats every licensed driver as having consented to a chemical test when lawfully arrested for DUI. Refusal to submit to a breath, blood, or urine test triggers an automatic 1-year license revocation for a first refusal and 15-year revocation for a third refusal. Refusal does not prevent prosecution; it simply removes the chemical evidence and adds a separate revocation.

Underage and zero-tolerance

Drivers under 21 with a BAC at or above 0.02% face a 30-day administrative revocation on a first offense, even without a criminal DUI charge. A criminal DUI charge above 0.08% applies regardless of age. See Nebraska teen licensing for additional rules that apply to provisional permit holders.