Nebraska DUI Laws: Penalties, BAC Limit & License (2026)

In Nebraska the offense is called driving under the influence (DUI), and Nebraska Revised Statute 60-6,196 makes it unlawful to drive with a blood or breath alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a Class W misdemeanor carrying a 6-month license revocation under Statute 60-6,197.03. On a straight conviction, Statute 28-106 sets a mandatory minimum of 7 days in jail and a $500 fine for a Class W first conviction, up to a maximum of 60 days. If the court grants probation or suspends the sentence instead, it imposes a $500 fine and a shortened 60-day revocation as conditions.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Nebraska

Nebraska's core DUI statute, Statute 60-6,196, makes it unlawful to operate or be in actual physical control of a motor vehicle while under the influence of alcoholic liquor or any drug, or with a BAC of 0.08 percent or more. Because impairment is its own basis for the charge, a driver under 0.08 can still be convicted if the State proves the person was under the influence. Commercial drivers are held to a 0.04 percent limit, and drivers under 21 fall under a 0.02 percent zero-tolerance rule. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration describes. A BAC of 0.15 percent or more does not create a separate offense name in Nebraska, but it increases the penalties and the license revocation at every offense level.

First-offense DUI penalties in Nebraska (jail, fines, suspension)

A first DUI is a Class W misdemeanor. According to Statute 60-6,197.03, a first offense carries a 6-month license revocation; if the court suspends the sentence or grants probation, it must impose a $500 fine and shorten the revocation to 60 days as conditions. The jail exposure comes from the Class W classification rather than from the DUI penalty statute. Statute 28-106 sets a Class W first conviction at a maximum of 60 days in jail and a $500 fine, with a mandatory minimum of 7 days in jail and a $500 fine, so a defendant who is not given probation or a suspended sentence faces at least 7 days in jail. Courts frequently grant probation in place of jail for a first offense, with conditions that can include a substance abuse evaluation, treatment, and the use of an ignition interlock device. If the driver's BAC was 0.15 percent or more, the first offense carries a 1-year revocation, and a probation or suspended sentence must include a $500 fine and either 2 days in jail or 120 hours of community service. The offense is still a Class W misdemeanor, so a straight conviction carries the 28-106 minimum of 7 days. The Nebraska Department of Motor Vehicles handles the license side, and reinstatement requires paying fees and meeting the interlock and insurance conditions before driving privileges return.

Watch out: The administrative license revocation by the Nebraska DMV runs on a separate track from the criminal case. Refusing or failing a chemical test can revoke your license through the DMV even if the criminal DUI charge is later reduced or dismissed.

Ignition interlock requirements in Nebraska

Nebraska requires an ignition interlock device (IID) for DUI offenders, which is stricter than the discretionary approach used in some states. Under the penalty framework in Statute 60-6,197.03, a first offender is ordered to use an interlock during the revocation period, and an interlock permit lets the driver operate a vehicle equipped with the device. A first offense with a BAC of 0.15 percent or more lengthens the interlock and revocation terms. For second and later offenses, the interlock requirement and the initial period during which no driving is allowed both grow. The device requires a clean breath sample before the engine starts and at random intervals during a trip, and it logs every reading for the supervising authority.

License revocation and the administrative process in Nebraska

Nebraska runs an administrative license revocation (ALR) system that is separate from the criminal DUI case. As Statute 60-6,197 describes, a driver who fails or refuses the chemical test is subject to revocation under sections 60-498.01 to 60-498.04, handled by the Department of Motor Vehicles. The arresting officer serves notice that also acts as a temporary permit, and the driver has a short window to request a hearing to contest the revocation. Under Statute 60-498.02, the administrative revocation is one year for a refusal and 180 days for a failed test, and a failed test also draws one year if the driving record shows a prior administrative revocation in the preceding 15 years. The court-ordered revocation on a first DUI conviction is 6 months, and the periods escalate for repeat offenses. To get back on the road, a driver typically applies for an ignition interlock permit, files proof of financial responsibility (an SR-22), completes any ordered evaluation, and pays reinstatement fees.

Repeat offenses and the Nebraska look-back period

Nebraska's penalties climb sharply for repeat DUIs, and prior convictions are counted to enhance later offenses. A second DUI is a Class W misdemeanor with an 18-month revocation under Statute 60-6,197.03. The two jail figures come from different places: on a straight conviction Statute 28-106 sets a mandatory minimum of 30 days in jail and a $500 fine, up to 6 months, while a court that grants probation or suspends the sentence must instead impose a $500 fine and either 10 days in jail or 240 hours of community service. The felony threshold sits at the fourth offense (three prior convictions): a fourth DUI is a Class IIIA felony with a minimum of 180 days in jail and a 15-year revocation, and a fifth or subsequent DUI (four or more prior convictions) is a Class IIA felony with a minimum sentence of two years' imprisonment and the same 15-year revocation. A third DUI (two prior convictions) is a Class W misdemeanor with a 15-year revocation, and 28-106 sets its mandatory minimum at 90 days in jail and a $1,000 fine, up to one year; a probation or suspended sentence instead requires a $1,000 fine and 30 days in jail. It rises to a Class IIIA felony with the same 180-day jail minimum if the BAC was 0.15 percent or more or the driver refused testing. A BAC of 0.15 percent or more raises the felony class at the third and fourth levels. A DUI causing serious injury or death is a felony in its own right, charged as motor vehicle homicide or DUI causing serious bodily injury, regardless of offense number.

Watch out: Refusing the breath or blood test does not protect your license. A refusal is a separate crime and brings a 1-year revocation, longer than the 6-month revocation for a first DUI, and the refusal can be used against you in the criminal case.

Refusing a breath or blood test in Nebraska

Nebraska's implied consent law, in Statute 60-6,197, provides that anyone who operates a vehicle in the state has consented to a chemical test of blood, breath, or urine if lawfully arrested for DUI. Refusing the test is itself a separate crime, a Class W misdemeanor for a first refusal, in addition to the administrative revocation. The officer must advise the driver that refusal is a separate crime, and a refusal can be admitted as evidence in the DUI prosecution. The administrative revocation for a first refusal is one year, longer than the six-month revocation for a first DUI with a failed test. Because refusing brings both a longer revocation and a separate criminal charge, it generally makes the situation worse rather than better.

Can you expunge or seal a DUI in Nebraska

Nebraska has no expungement or sealing of a DUI conviction, but it does have a set-aside, and whether a DUI qualifies turns on the sentence. Statute 29-2264 creates two petition routes. Subsection (2) covers a person who was placed on probation, sentenced to a fine only, or sentenced to community service, and it carries no motor vehicle exclusion. Subdivision (3)(a) covers a person sentenced some other way, and subdivision (3)(b)(iii) bars a petition filed under (3)(a) for any misdemeanor or felony motor vehicle offense under the Nebraska Rules of the Road, which is where the DUI statute sits.

Because courts frequently grant probation on a first or second DUI, the common disposition falls under subsection (2) rather than the barred route. The defendant blocked by the Rules-of-the-Road exclusion is the one who served a straight sentence instead. A set-aside is never automatic: the court weighs the person's behavior after sentencing and the likelihood of further criminal activity, and grants the order only when it is in the offender's best interest and consistent with the public welfare.

Even a granted set-aside is limited. The statute says it does not preclude using the conviction to determine the sentence on a later conviction or to prove a prior when a subsequent offense carries an enhanced penalty, does not affect points assessed under Statute 60-4,182, and does not affect eligibility for or obligations relating to a commercial driver's license. A DUI that was dismissed or ended in acquittal is a separate question from setting aside a conviction. A pardon from the Nebraska Board of Pardons is a further discretionary route, and it does not erase the conviction from the record either.

What to do after a DUI arrest in Nebraska

A Nebraska DUI creates two separate matters: a criminal case in court and an administrative license case at the DMV. The deadlines on the license side are short, so a common first step is to decide quickly whether to request an ALR hearing to contest the revocation. The criminal case proceeds on its own schedule from arraignment through pretrial and resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. With the license-side deadlines short, ask a Nebraska DUI lawyer for a free consultation on whether to request an ALR hearing to contest the revocation (attorney advertising). Keep the arrest paperwork, the notice of revocation, and any test results in a safe place.

More Nebraska Laws

• Nebraska Expungement Laws
• Nebraska Warrant Search

Frequently Asked Questions

What is the BAC limit in Nebraska?

The per se limit is 0.08 percent BAC under Statute 60-6,196. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent zero-tolerance limit. A BAC of 0.15 percent or more increases the penalties at every offense level.

How long do you lose your license for a first DUI in Nebraska?

A first DUI carries a 6-month license revocation. A BAC of 0.15 percent or more raises that to one year. A driver may use an ignition interlock permit to keep driving a vehicle equipped with the device during the revocation.

Is a first DUI a felony in Nebraska?

No. A first DUI is a Class W misdemeanor. A DUI becomes a felony at the fourth offense (three prior convictions), a Class IIIA felony, and a fifth or subsequent offense (four or more prior convictions) is a Class IIA felony. A third DUI can also become a Class IIIA felony if the BAC was 0.15 percent or more or the driver refused testing. Causing serious injury or death is a felony regardless of offense number.

Do you need an interlock for a first DUI in Nebraska?

Yes. Nebraska requires a first offender to use an ignition interlock device during the revocation period, and an interlock permit allows driving a vehicle equipped with the device.

What happens if you refuse a breathalyzer in Nebraska?

Refusing a chemical test is a separate crime and triggers a one-year administrative license revocation under Statute 60-6,197, longer than the six-month revocation for a first DUI. The refusal can also be used as evidence in the criminal case.

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

Nebraska does not expunge or seal a DUI conviction. A set-aside under Statute 29-2264 may be available if the sentence was probation, a fine only, or community service, but it is discretionary and the conviction still counts to enhance later DUIs, including the felony tiers that begin at the fourth offense.

Can you get a DUI expunged in Nebraska?

Nebraska has no expungement or sealing for a DUI conviction, but a set-aside under Statute 29-2264 may be available. The Rules-of-the-Road exclusion in that statute applies only to petitions under subdivision (3)(a), so a DUI resolved by probation, a fine only, or community service can be petitioned under subsection (2). The court decides at its discretion, and a set-aside still leaves the conviction usable to enhance a later DUI.

Is a second DUI jail time mandatory in Nebraska?

Yes, on both routes. On a straight conviction, Statute 28-106 sets a Class W second conviction at a mandatory minimum of 30 days in jail and a $500 fine, up to 6 months. If the court grants probation or suspends the sentence, Statute 60-6,197.03 instead requires a $500 fine and either 10 days in jail or 240 hours of community service. Either way the license revocation is 18 months.