DUI Penalties

Intoxicated driving is a serious criminal offense in Nebraska. DUI is one of the most frequently charged criminal offenses in Nebraska, and the penalties escalate sharply with each conviction. Here, our Omaha DUI defense attorney provides an overview of the most important things that you need to know about Nebraska’s DUI laws and DUI penalties.

A conviction for driving under the influence, or DUI, in Nebraska can have a negative impact on numerous areas of your life including your job and your family. In addition, your court-ordered sentence could include a term of incarceration, a hefty fine, a license revocation, and various other forms of punishment.

Whether this is your first arrest for DUI or your fifth you need to understand what possible penalties you face if convicted.

The Nebraska DUI team at Petersen Law Offices is committed to defending individuals who have been accused of a DUI offense in Omaha, Cass County or Sarpy County, Nebraska.

We understand how a Nebraska DUI conviction may change your life, particularly if you are convicted of a second or subsequent DUI and/or your case includes aggravating circumstances.

DUI Laws in Nebraska: An Overview

Under Nebraska law (Nebraska Revised Statute § 60-6,196), it is unlawful for a person to operate or be in actual physical control of a motor vehicle while impaired. For most drivers, the blood alcohol limit in Nebraska is 0.08 percent.

However, lower limits apply in certain circumstances. For example, active commercial drivers or underage drivers can be charged with a DUI even if their BAC is below 0.08.

In addition, a defendant can be charged with a DUI in Nebraska if they operate a motor vehicle under the influence of drugs. As a general rule, drugged driving cases are highly complex because it is more difficult for law enforcement officers and prosecutors to precisely measure a person’s level of impairment when under the influence of a drug.

Sentencing Considerations

There are a number of potential penalties you face if convicted of a Nebraska DUI, including a term of imprisonment, fines, license suspension or revocation, probation, and/or community work service.

The penalties you face will depend on several factors, including:

• Previous convictions – the minimum and maximum penalties are always higher if you have a previous conviction for a Nebraska DUI.
• BAC – if your BAC level is 0.15 or higher you can be charged with an aggravated DUI which carries tougher potential penalties.
• Injuries – if you cause serious bodily injury, or death while driving under the influence you may be charged with a more serious offense and, therefore, face harsher penalties.
• Age of defendant – if you are under the legal drinking age you can be charged with DUI with a significantly lower BAC level.
• License status – if your license was already suspended or revoked at the time of your alleged DUI you may face additional charges and additional penalties.

As a point of comparison, let’s assume you were just arrested for a DUI. You face a maximum 60 days in jail and a maximum license suspension of six months if convicted for the DUI without additional factors.

That same offense, however, could result in up to 90 days in jail and a license suspension of up to one year if you have a previous DUI conviction.

If you have a previous conviction AND the instant offense is an aggravated DUI, meaning your BAC level was over 0.15, you face up to one year in jail and a license revocation of up to 15 years.

If you also caused serious bodily injury while driving under the influence you could face Class IIIA felony charges which carry up to five years in prison and a license revocation of up to 15 years.

Overview of DUI Penalties

In Nebraska, intoxicated driving penalties vary based on several different factors. Most importantly, DUIs are subject to graduated penalties. With each offense, a person will face severe consequences.

Though, to be clear, a first-time DUI conviction could still land a person in jail. The minimum and maximum sentences for intoxicated driving in Nebraska are as follows:

• First DUI offense: A $500 fine, a 6-month license suspension, and between 7 and 60 days in jail
• Second DUI offense: A $500 fine, an 18-month license suspension, and between 30 days and 180 days in jail
• Third DUI offense: A $1,000 fine, a possible 15-year license revocation, and between three months and one year in jail

In many cases, a drunk driving conviction can also carry some additional penalties. A defendant may be required to install an interlock ignition device on their vehicle and/or required to take a substance abuse class. Further, a DUI conviction will almost certainly cause your car insurance rates to rise.

First Offense DUI

• BLOOD/BREATH ALCOHOL LEVEL: >.08
• CRIMINAL OFFENSE: Class W Misdemeanor 7-60 days & $500 fine
• LICENSE REVOCATION PERIOD: 6 Months IID available
• PENALTY IF GIVEN PROBATION OR SUSPENDED SENTENCE: 60 day license revocation with Ignition Interlock Device (IID) & $500 fine.
• TEST REFUSAL: Yes

First High BAC

• BLOOD/BREATH ALCOHOL LEVEL: >.15
• CRIMINAL OFFENSE: Class W Misdemeanor 7-60 days & $500 fine
• LICENSE REVOCATION PERIOD: 1 year IID available
• PENALTY IF GIVEN PROBATION OR SUSPENDED SENTENCE: 1 year license revocation, IID Available, $500 fine, & 2 days in jail or 120 hours community service
• TEST REFUSAL: No

Second Offense DUI

• BLOOD/BREATH ALCOHOL LEVEL: >.08
• CRIMINAL OFFENSE: Class W Misdemeanor 30-180 days & $500 fine
• LICENSE REVOCATION PERIOD: 18 Months, 45 Days before eligible for IID
• PENALTY IF GIVEN PROBATION OR SUSPENDED SENTENCE: 18 months license revocation, 45 days before eligible for IID, $500 fine, & 10 days in jail or 240 hrs community service
• TEST REFUSAL: No

Second High BAC

• BLOOD/BREATH ALCOHOL LEVEL: >.15
• CRIMINAL OFFENSE: Class W Misdemeanor 90 days – 1 year & $1,000 fine
• LICENSE REVOCATION PERIOD: 18 months – 15 years
• PENALTY IF GIVEN PROBATION OR SUSPENDED SENTENCE: 18 months to 15 years license revocation with 45 Days before eligible for IID, $1,000 fine & 30 days in Jail
• TEST REFUSAL: Yes

Third Offense DUI

• BLOOD/BREATH ALCOHOL LEVEL: >.0.5
• CRIMINAL OFFENSE: Class I Misdemeanor 90 days – 1 year & up to $1000 fine
• LICENSE REVOCATION PERIOD: 15 years
• PENALTY IF GIVEN PROBATION OR SUSPENDED SENTENCE: 2 to 15 year license revocation with 45 day wait before eligible for IID, $1000 fine & 30 days in Jail
• TEST REFUSAL: No

Third High BAC

• BLOOD/BREATH ALCOHOL LEVEL: >.15
• CRIMINAL OFFENSE: Class IIIA felony 180 days – 3 years & up to $10,000 fine
• LICENSE REVOCATION PERIOD: 15 years
• PENALTY IF GIVEN PROBATION OR SUSPENDED SENTENCE: 5 to 15 year license revocation with 45 day wait before eligible for IID, $1000 fine & 60 days in Jail
• TEST REFUSAL: Yes

Fourth Offense DUI

• BLOOD/BREATH ALCOHOL LEVEL: >.08
• CRIMINAL OFFENSE: Class IIIA felony 180 days 3 years & up to $10,000 fine
• LICENSE REVOCATION PERIOD: 15 years
• PENALTY IF GIVEN PROBATION OR SUSPENDED SENTENCE: 15 year license revocation with 45 day wait before eligible for IID, $2000 fine & 90 days in Jail &  90 Days CAM
• TEST REFUSAL: No

Fourth High BAC

• BLOOD/BREATH ALCOHOL LEVEL: >.15
• CRIMINAL OFFENSE: Class IIA felony 0-20 years & up to $25,000 fine
• LICENSE REVOCATION PERIOD: 15 years
• PENALTY IF GIVEN PROBATION OR SUSPENDED SENTENCE: 15 year license revocation with 45 day wait before eligible for IID, $2,000 fine & 120 days in Jail & 120 Days CAM
• TEST REFUSAL: Yes

Fifth Offense DUI

• BLOOD/BREATH ALCOHOL LEVEL: >.08
• CRIMINAL OFFENSE: Class IIA felony 2-20 years & up to $25,000 fine
• LICENSE REVOCATION PERIOD: 15 years
• PENALTY IF GIVEN PROBATION OR SUSPENDED SENTENCE: 15 year license revocation with 45 day wait before eligible for IID, $2,000 fine & 180 days in Jail & 180 Days CAM
• TEST REFUSAL: No

Fifth High BAC

• BLOOD/BREATH ALCOHOL LEVEL: >.15
• CRIMINAL OFFENSE: Class II felony 2-50 years
• LICENSE REVOCATION PERIOD: 15 years
• PENALTY IF GIVEN PROBATION OR SUSPENDED SENTENCE: 15 year license revocation with 45 day wait before eligible for IID, $2,000 fine & 180 days in Jail & 180 Days CAM
• TEST REFUSAL: Yes

The 10-day rule: what happens to your license right now

Most people charged with DUI in Nebraska focus on the criminal case. But there is a parallel process happening at the same time — the Nebraska DMV’s Administrative License Revocation (ALR) and it runs on a completely separate and much faster timeline.

After a DUI arrest in Nebraska, you have only 10 days to request a DMV administrative hearing to challenge the automatic license revocation. Missing this deadline means your license is revoked automatically regardless of the outcome of the criminal case.

This is important: a not-guilty verdict in court does not undo an administrative revocation if you missed the 10-day window. The criminal and administrative proceedings are separate. You can win the DUI charge in court and still lose your license at the DMV level if the hearing was not requested in time.

If you were arrested for DUI in Omaha or anywhere in Nebraska, contacting a DUI defense attorney within the first 24 to 48 hours is not just advisable it is often determinative of whether you keep your driving privileges during the case.

Nebraska DUI: Aggravating Factors

In Nebraska, prosecutors can charge a defendant with an aggravated DUI if their BAC is measured at 0.15 or higher. This is a more serious criminal offense and prosecutors tend to be highly aggressive when bringing aggravated DUI charges.

If you or your family member was arrested for aggravated DUI, you should speak to an experienced Omaha, NE criminal defense attorney right away.

Beyond prior driving history and level of intoxication, there are also some other factors that could potentially result in intoxicated driving being charged as a more serious offense.

As an example, if a drunk driver gets into a crash that results in a serious injury or a fatality, they may face charges that carry substantial jail time.

Beyond jail and fines: the collateral consequences of a Nebraska DUI conviction

The penalty tables above cover what the court can impose. But a DUI conviction carries consequences that extend well beyond the courtroom and often affect people’s lives for years or decades.

SR-22 insurance requirement.

After a DUI conviction in Nebraska, you will be required to file an SR-22 certificate of financial responsibility with the DMV as a condition of license reinstatement. SR-22 insurance must be maintained continuously for at least three years following license reinstatement. Any lapse in coverage results in automatic re-revocation of your license. SR-22 policies typically cost significantly more than standard auto insurance in some cases two to three times the normal premium and must be obtained through a carrier authorized to file with the Nebraska DMV.

Mandatory substance abuse evaluation.

Nebraska requires all drivers convicted of DUI to undergo a substance abuse evaluation by a licensed professional. This assessment determines whether the person has an alcohol or drug dependency issue and recommends appropriate treatment. Courts typically order compliance with all recommended treatment as a condition of probation. The evaluation must be completed before sentencing, and the cost is the defendant’s responsibility.

Commercial Driver’s License (CDL) disqualification.

Commercial drivers in Nebraska face DUI charges at a BAC threshold of 0.04% half the standard 0.08% limit under § 60-4,168 and federal motor carrier regulations. A DUI conviction triggers CDL suspension regardless of whether you were driving a commercial vehicle or a personal vehicle at the time. A second DUI conviction results in lifetime CDL disqualification, even if the offense occurred in a personal vehicle and not on the job. For professional drivers whose livelihood depends on their CDL, this consequence can be more severe than the jail sentence itself.

Professional licensing.

Healthcare workers, attorneys, teachers, and others who hold professional licenses in Nebraska may face licensing board review after a DUI conviction. As of 2024, Nebraska licensing agencies may not automatically disqualify applicants based on older or less serious criminal convictions, but they retain authority to consider convictions that directly relate to the duties of the licensed profession. If you hold or are pursuing a professional license, protecting your record from a conviction carries stakes well beyond the criminal case.

Employment and background checks.

DUI convictions remain on Nebraska criminal records permanently unless successfully set aside through pardon or set-aside proceedings and even a set-aside conviction remains visible on background checks, with the set-aside notation appearing alongside the original conviction record. Employers, landlords, and licensing boards can see it. Nebraska has no expungement law for adult criminal convictions.

Out-of-state drivers.

If you hold a license from another state, Nebraska’s Driver License Compact means your home state will typically enforce a corresponding suspension based on Nebraska’s action. Do not assume that a Nebraska DUI only affects your Nebraska driving privileges.

How Criminal Defense Attorney Tom Petersen Can Help

A DUI, even a first-time DUI, should never be viewed as a minor issue. Your money, your time, your driver’s license, and your freedom could be on the line. If you were arrested for a DUI, you need a top legal advocate on your side.

Tom Petersen is an experienced Omaha DUI defense attorney. A trial-tested lawyer, he has handled more than 8,500 cases in Nebraska.

Among other things, Mr. Petersen is prepared to:

• Conduct a free, comprehensive assessment of your DUI case;
• Answer your questions and explain your options;
• Review the arrest to make sure your rights were respected;
• Investigate the specific charges that were filed;
• Look for options to reduce penalties; and
• Put together a strong, effective legal defense

There are no one-size-fits-all solutions to DUI defense. Our Nebraska intoxicated driving defense lawyer is committed to providing fully personalized legal representation to each and every client.

The burden of proof is on the prosecution. Tom Petersen is always ready to take your case to trial — aggressively defending you against false, unfair, trumped-up, or unsupported charges.

At the same time, Mr. Petersen also has the skills and experience to help you negotiate a plea that best secures your future and keeps you out of jail.

Speak to Our Nebraska DUI Defense Lawyer Today

If you’ve been charged with DUI in Omaha, call the Petersen Law Office at (402) 509-8070, or contact us using our online form for non-emergency inquiries.

At Petersen Criminal Law, our Nebraska drunk driving defense attorney is an experienced, aggressive advocate for clients. If you or your loved one was arrested for a DUI in Nebraska, it is imperative that you take immediate action to protect your rights and your freedom.

To set up a free, completely confidential initial DUI consultation, please do not hesitate to contact our law firm today. From our law office in Omaha, we serve communities throughout the region, including in Douglas County, Saunders County, Sarpy County, and Washington County.

We answer our phones 24/7 to make sure you receive the help you need when you need it.

Frequently asked questions about Nebraska DUI penalties

How long does a DUI stay on my record in Nebraska?

Permanently. DUI convictions remain on Nebraska criminal records unless successfully set aside through pardon or set-aside proceedings and even a set-aside conviction remains visible on background checks with a notation alongside the original record. For purposes of calculating enhanced penalties on future DUI charges, all DUI convictions within 15 years of the current offense are counted under Neb. Rev. Stat. § 60-6,197.02. This means a second or third conviction within that window triggers escalating mandatory minimums even if the first conviction was years ago.

Will I lose my job if convicted of DUI in Nebraska?

It depends on your employer and your profession. Many private employers are not legally required to terminate employees for a DUI conviction, though some will. The consequences are most severe for people in licensed professions (healthcare, law, education), those who hold a CDL, those with security clearances, and those whose employment contracts or employer policies specifically address criminal convictions. If you are in any of these categories, protecting your record from a conviction rather than just minimizing the sentence should be the primary focus of your defense.

What is the 10-day deadline after a DUI arrest in Nebraska?

After a DUI arrest, Nebraska law gives you 10 days to request an administrative hearing with the DMV to challenge the automatic license revocation. If you do not request this hearing within 10 days, your license is revoked automatically regardless of what happens in the criminal case. You can be found not guilty in court and still have your license revoked if the DMV hearing was never requested. This deadline is one of the first things an experienced DUI attorney addresses after being retained.

Is a first DUI in Nebraska always a misdemeanor?

In most cases, yes a first DUI without aggravating factors is a Class W misdemeanor. However, a first DUI can become a more serious charge if you caused serious bodily injury to another person, if you were driving with a minor in the vehicle in certain circumstances, or if other statutory aggravating factors apply. The charge classification determines the maximum sentence, the type of court the case is heard in, and the long-term consequences for your record.

What happens to my CDL if I am convicted of DUI in Nebraska?

A first DUI conviction suspends your CDL for one year, even if you were not driving a commercial vehicle at the time. A second DUI conviction results in lifetime CDL disqualification under federal and Nebraska law. The CDL threshold for DUI is also lower commercial drivers can be charged at a BAC of 0.04%, half the standard 0.08% limit. If you hold a CDL and are charged with DUI, protecting your commercial license requires immediate legal attention.

Can I avoid jail time on a first DUI in Nebraska?

Yes, if the judge grants probation. A probationary sentence on a first DUI still includes a fine, a license revocation, and likely an ignition interlock device requirement, but allows you to avoid the 7 to 60-day jail term. Probation is most available on first offenses without aggravating factors and with no prior criminal history. A DUI defense attorney can advocate for probation at sentencing by presenting mitigating factors, compliance with substance abuse evaluation, and other relevant information to the judge.