Nebraska DUI Penalties, Fines and Suspensions

Nebraska Implied consent – criminal penalty for refusal

• Criminal penalties are higher in cases where driver refused chemical testing prior to conviction. Neb.Rev.St. § 60-6,197.03.

Nebraska DUI Conviction – administrative / civil penalty (license suspension, use of IID)

• First conviction driver’s license revoked for six months.
• Second conviction driver’s license revoked for 18 months.
• Second conviction and refused chemical testà driver’s license revoked for 18 months to 15 years.
• Third conviction driver’s license revoked for 15 years. Neb.Rev.St. § 60-6,197.03.
• As an alternative, a court can order any person whose license is revoked for at least one year to obtain an IID on each motor vehicle owned or operated by the convicted person, after a minimum 45- day no driving period. Neb.Rev.St. § 60-6,197.01(1).

Nebraska DUI Conviction – criminal penalties (jail sentence, fines, community service)

• First conviction Class W misdemeanor; jail sentence of seven to 60 days; fine of $500.
• Second conviction Class W misdemeanor; jail sentence of 30 days to six months; fine of $500. Second conviction and refused chemical test Class I misdemeanor; fine of $1,000.
• Third conviction Class W misdemeanor; jail sentence of 90 days to one year; fine of $1,000.
• Third conviction and refused chemical test Class IIIA felony.
• Fourth conviction Class IIIA felony; jail sentence of 180 days to three years; fine of $10,000.
• Fourth conviction and refused chemical test Class IIA felony. Neb.Rev.St. § 28-105; § 28-106; § 60-6,197.03.
• Additional criminal penalties if a driver commits a violation and causes serious bodily injury. Neb.Rev.St. § 60-6,198.

Child endangerment

• Not addressed by state law.

DUI Arrest Statistics and Nebraska Drunk Driving

* Sources: State Justice Department, Federal Highway Administration