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 punishable by up to 60 days in jail, a $500 fine, and a 6-month license revocation under Statute 60-6,197.03.

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 is punishable by up to 60 days in jail, a $500 fine, and a 6-month license revocation. 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 mandatory minimum of either 2 days in jail or 120 hours of community service. 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. A first DUI conviction carries a 6-month revocation, a refusal carries a 1-year revocation, 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 carries a mandatory minimum of 10 days in jail or 240 hours of community service, a $500 fine, and an 18-month revocation under Statute 60-6,197.03. The felony threshold sits at the third offense: a third DUI is a Class IIIA felony with a minimum of 90 days in jail, a $2,000 fine, and a 15-year revocation, and a fourth DUI is a Class IIA felony with at least 180 days in jail and the same 15-year revocation. 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 does not allow a DUI conviction to be expunged or sealed, whether the conviction is a misdemeanor or a felony. The limited remedy is a set-aside under Statute 29-2264, which a person may seek after completing the sentence, including probation and payment of fines. A set-aside does not erase or hide the conviction; the record remains visible on background checks but is annotated to show that the verdict was set aside. A DUI that was dismissed or that ended in an acquittal may be eligible for sealing of the arrest record, but a conviction stays on the record. A person who wants to fully clear a conviction would generally need a pardon from the Nebraska Board of Pardons, which is a separate and discretionary process.

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. Many people consult a licensed Nebraska DUI attorney to understand the charge, the ALR deadline, and the options for both the criminal case and the license case. Keep the arrest paperwork, the notice of revocation, and any test results in a safe place.