DUI Laws in Nebraska: Penalties, BAC Limits & License Suspension

In Nebraska, this offense is called DUI — Driving Under the Influence. The per se BAC limit is 0.08% for regular drivers, and if you refuse or fail a chemical test, the Nebraska Department of Motor Vehicles (DMV) can revoke your license before your criminal case is ever decided — but you can fight that revocation only if you request an administrative hearing within 10 days of the notice being mailed. Miss that window and the revocation happens automatically. If you were just arrested, that deadline matters more right now than almost anything else in this article.

What Nebraska Calls This Offense

Nebraska's motor vehicle code (Neb. Rev. Stat. § 60-6,196) titles the offense "driving under the influence of alcoholic liquor or drug," which is uniformly shortened to DUI in Nebraska statutes, court documents, and DMV paperwork. You will not see "DWI," "OWI," or "OVI" used in Nebraska law — if a form or officer uses one of those terms, they're likely describing the same conduct informally, but the charge on your paperwork will say DUI.

Nebraska's BAC Limits

• 0.08% — standard per se limit. This is the national standard limit that applies in every state, including Nebraska, for drivers 21 and older operating a non-commercial vehicle.
• 0.04% — commercial driver's license (CDL) limit. Anyone driving a commercial motor vehicle in Nebraska is held to this lower federal threshold, regardless of what they're driving off duty.
• 0.02% — Nebraska's zero-tolerance limit for drivers under 21. Under Neb. Rev. Stat. § 60-6,211.01, a driver younger than 21 can be cited for having a BAC of 0.02% or more — far below the adult limit. This is a Nebraska-specific number, not a national one; some states use 0.00% instead, so don't assume Nebraska's under-21 threshold applies elsewhere.
• 0.15% — Nebraska's "high BAC" enhancement threshold. Nebraska law does not use the word "aggravated" as a separate charge, but a BAC of 0.15% or higher (or a test refusal) triggers materially harsher mandatory penalties and longer license revocation at every offense level, first through fourth-plus.

Implied Consent and Refusing the Test

Under Nebraska's implied consent law (Neb. Rev. Stat. § 60-6,197), anyone who drives in Nebraska is legally deemed to have already agreed to a chemical breath, blood, or urine test if lawfully arrested for suspected DUI. Refusing does not make the arrest go away — it triggers its own automatic license revocation, currently one year for a first refusal, separate from and in addition to whatever happens in the criminal case. Refusal can also be used as evidence against you in court, and if you're later convicted, a refusal generally pushes your case into the higher, "high-BAC" penalty tier rather than the standard tier. There is no scenario where refusing simply avoids consequences.

The Administrative License Revocation (ALR) — Nebraska's Time-Critical Deadline

Separate from the criminal DUI charge, the Nebraska Department of Motor Vehicles can administratively revoke your driving privileges the moment you fail or refuse a chemical test, through the state's Administrative License Revocation (ALR) process (Neb. Rev. Stat. §§ 60-498.01 to 60-498.04). Here is what actually happens and when:

• The arresting officer typically issues you a temporary license valid for 15 days after confiscating your physical license.
• The DMV then mails you a formal notice of revocation.
• You have only 10 days from the mailing of that notice to postmark or submit a petition requesting an administrative hearing. If you don't act inside that 10-day window, the revocation proceeds automatically — regardless of what later happens with the criminal charge.
• Filing for a hearing and waiving it are not the same thing: requesting and pursuing the administrative hearing can affect your eligibility for an early ignition interlock permit, so this is a decision worth making with accurate information, fast.

Because this deadline is so short and runs on its own clock independent of any court date, confirm your exact notice date and hearing deadline directly with the Nebraska DMV (dmv.nebraska.gov) the same day you're released, or ask a Nebraska defense attorney to calendar it immediately.

First-Offense Penalties

A first Nebraska DUI is charged as a Class W misdemeanor. Based on current Nebraska statute (Neb. Rev. Stat. § 60-6,197.03):

• License revocation: generally 180 days (six months) for a standard first offense; the revocation period is longer — around one year — if your BAC was 0.15% or higher or you refused the test.
• Ignition interlock device (IID): Nebraska requires an ignition interlock permit and device to drive during the revocation period on a first offense in most cases before full driving privileges are restored.
• Fines and jail: first-offense fines and any jail or community-service exposure scale with your BAC and specific case facts, and mandatory minimums can shift based on legislative amendments. Do not rely on a specific dollar figure or day count from any website, including this one — confirm the current numbers directly from the Nebraska Revised Statutes (nebraskalegislature.gov) or a Nebraska defense attorney before you assume what you're facing.

Lookback Period: How Far Back a Prior DUI Counts

Nebraska uses a 15-year lookback (washout) period. A prior DUI conviction counts toward enhancing a new charge to a second, third, or subsequent offense only if it falls within 15 years of the current offense. A DUI from more than 15 years ago generally will not be used to enhance a new charge, though it can still show up on your driving record.

When a DUI Becomes a Felony in Nebraska

A DUI escalates from a misdemeanor to a felony in Nebraska primarily through repeat offenses within the 15-year lookback window:

• A third DUI within 15 years is charged as a Class IIIA felony (rising to a more serious felony class if your BAC was 0.15% or higher or you refused testing).
• A fourth or subsequent DUI within 15 years is a felony as well, carrying substantially longer mandatory prison exposure and a much longer license revocation — commonly on the order of 15 years.
• Separately, causing serious injury or death while driving under the influence in Nebraska can result in charges under Nebraska's motor vehicle homicide or assault-by-vehicle statutes, which carry their own, generally more severe, felony penalties layered on top of or instead of the standard DUI statute.

Exact sentencing ranges and classifications change with legislative amendments, so verify the current felony thresholds against the Nebraska Revised Statutes or with a Nebraska criminal defense attorney rather than relying on prior-year summaries.

What to Do After a DUI Arrest in Nebraska

1. Note the exact date you're served or mailed the DMV revocation notice — then count 10 days. This is the single most time-sensitive step. If you want any chance to contest the administrative revocation, your hearing petition must be postmarked or submitted to the DMV within that window. This deadline does not wait for your court date.
2. Confirm your temporary license expiration. If you were issued a 15-day temporary license, know exactly when it expires so you aren't caught driving on an expired one.
3. Contact the Nebraska DMV directly (dmv.nebraska.gov) to confirm the hearing process, any ignition interlock permit eligibility, and how requesting a hearing may affect early reinstatement options.
4. Talk to a Nebraska criminal defense attorney before your arraignment — the criminal case (misdemeanor or felony) and the administrative license revocation are two separate processes running on two separate clocks, and decisions in one can affect the other.
5. Gather your paperwork — the arrest report, any chemical test results, the citation, and the DMV notice — and keep it together; you or your attorney will need dates and case numbers from all of it.
6. Do not drive on a revoked or expired temporary license while sorting this out; a subsequent driving-while-revoked charge compounds an already serious situation.

This article is general legal information about Nebraska law, not legal advice for your specific situation — confirm current statutes and deadlines with the Nebraska DMV or a licensed Nebraska attorney.