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Nebraska DUI Laws

Last reviewed July 2026 · 15 primary sources · How we research and review these pages

Reviewed by the LegalLimit editorial team →

Standard BAC limit

0.08%

Commercial driver BAC

0.04%

Under-21 BAC

0.02%

Prior-offense lookback

15-year window

Nebraska prosecutes impaired driving as DUI under Neb. Rev. Stat. § 60-6,196, with penalties in a 10-sub-division matrix at § 60-6,197.03 that is keyed on BOTH the number of prior convictions in the past 15 years AND whether the current violation involved a BAC of 0.15 or above or a refusal of chemical testing. The matrix climbs from a Class W misdemeanor (first offense, 7–60 days jail, $500 fine, 6-month revocation) through Class I misdemeanor (second high-BAC/refusal) and Class IIIA felony (third high-BAC or fourth offense) to a Class II felony (fifth or subsequent high-BAC/refusal offense, 2-year minimum, up to 50 years). Every third-or-more tier carries a 15-year license revocation on judgment of conviction (the two third-offense sub-cases — (4) standard and (6) high-BAC/refusal — allow shorter 2–15-year and 5–15-year revocations on a probated sentence; 4th+ is 15 years flat either way). IID is not automatic; it attaches as a condition of the ignition-interlock permit that lets a person drive during the revocation period after a 45-day no-drive window. Refusal is both a separate crime (§ 60-6,197(3)) and admissible as evidence at the DUI trial (§ 60-6,197(6)), and a prior refusal counts as a prior for a later DUI (and vice versa) under § 60-6,197.02(1)(a)(i)–(ii). Commercial operators face a 1-year CMV disqualification for a first DUI (3-year hazmat, lifetime second) under § 60-4,168. Drivers under 21 face a measured 0.02 threshold under § 60-6,211.01, penalized as a traffic infraction (§ 60-6,211.02(3)) with a 30-day license impoundment for a positive test or 90-day for refusing the under-21 test; the $100 first-offense ceiling is the catch-all infraction fine under § 60-689(1).

Nebraska DUI penalties by offense tier

Offense tierFineJailLicense actionIgnition interlock
First offense (Class W misdemeanor)$500–$500 (Mandatory minimum $500 fine (Neb. Rev. Stat. § 28-106 Class W first).; Maximum $500 fine (Neb. Rev. Stat. § 28-106 Class W first).)7 days–2 months (Mandatory minimum 7 days imprisonment (Neb. Rev. Stat. § 28-106 Class W first). If placed on probation, § 60-6,197.03(1) substitutes a $500 fine and 60-day license revocation with IID permit.; Maximum 60 days imprisonment (Neb. Rev. Stat. § 28-106 Class W first).)Revoked for 180–365 days — Standard first offense: 6-month revocation, with IID permit required during the revocation period (§ 60-6,197.03(1)). HIGH-BAC FIRST (BAC ≥ 0.15): 1-year revocation with IID permit (§ 60-6,197.03(2)). On probation/suspended sentence: 60-day revocation (standard) or 1-year (high-BAC), each with IID permit.Required if restricted license or restoration (6 months–12 months)
Second offense within 15 years (Class W or Class I misdemeanor)$500–$1,000 (Standard second (Class W): mandatory minimum $500. HIGH-BAC/REFUSAL second (Class I misdemeanor, § 60-6,197.03(5)): mandatory $1,000 fine.; Class W second max $500; Class I misdemeanor second (high-BAC/refusal) $1,000.)1 month–1 year (Standard second (Class W): mandatory minimum 30 days. HIGH-BAC/REFUSAL second (§ 60-6,197.03(5)): mandatory minimum 90 days jail.; Standard Class W second max 6 months (§ 28-106). Class I misdemeanor high-BAC/refusal second max 1 year (§ 28-106 Class I).)Revoked for 540–5475 days — Standard second (§ 60-6,197.03(3)): 18-month revocation — 45-day no-drive, then IID permit for ≥1 year. HIGH-BAC/REFUSAL second (§ 60-6,197.03(5)): 18-month–15-year revocation. Immobilization or IID-required alternative under § 60-6,197.01.Required if restricted license or restoration (1 year)
Third+ offense within 15 years (Class W misdemeanor → Class II felony)$1,000–$10,000 (Class W third (§ 28-106): mandatory minimum $1,000. High-BAC/refusal sub-cases (§ 60-6,197.03(6)/(8)/(10)): mandatory $2,000 fine.; Class W third max $1,000 (§ 28-106). Class IIIA felony sub-cases (§ 60-6,197.03(6)/(7)) carry up to $10,000 fine (§ 28-105 Class IIIA). Class IIA/II felony sub-cases ((8)/(9)/(10)) carry imprisonment ceilings only — no fine is authorized for those classes under § 28-105, so the $10,000 max reflects the IIIA sub-cases within this tier.)3 months–50 years (Class W third (3rd offense, standard): mandatory minimum 90 days. Class IIIA felony (3rd high-BAC/refusal or 4th standard): mandatory ≥180 days. Class IIA felony (4th high-BAC/refusal or 5th+ standard): minimum 1–2 years. Class II felony (5th+ high-BAC/refusal): minimum 2 years.; Class W third max 1 year (§ 28-106). Class IIIA felony max 3 years (§ 28-105). Class IIA felony max 20 years (§ 28-105). Class II felony max 50 years (§ 28-105).)Revoked for 730–5475 days — On the JUDGMENT-OF-CONVICTION path, every third-or-more tier sub-case is a flat 15-year (5475-day) revocation (§ 60-6,197.03(4)/(6)/(7)/(8)/(9)/(10)). On a PROBATED/SUSPENDED sentence the two third-offense sub-cases allow a shorter range: 2–15 years (730–5475 days) for a standard third (§ 60-6,197.03(4)) and 5–15 years for a high-BAC/refusal third (§ 60-6,197.03(6)); the 4th-and-later sub-cases ((7)/(8)/(9)/(10)) remain 15 years flat even on probation. The tier min (730 days) therefore reflects the standard-third probation floor, the worst case (5475 days) is the flat 15 years. After a 45-day no-drive window the court may allow an IID permit under § 60-6,197.01(1)(b). Driving during the revocation is a separate Class IV felony under § 60-6,197.06 (15 additional years revocation).Required if restricted license or restoration (1 year)

Frequently asked questions

What is the legal BAC limit in Nebraska?

The per se limit is 0.08% (Neb. Rev. Stat. § 60-6,196(1)(b)/(c)) — measured as 0.08 grams of alcohol per 100 mL of blood or per 210 L of breath. The offense also covers impairment by alcohol or any drug, including prescription medications (§ 60-6,196(1)(a)). The commercial threshold is 0.04% and the under-21 threshold is 0.02%.

What are the penalties for a first DUI in Nebraska?

A first offense is a Class W misdemeanor (§ 60-6,197.03(1); § 28-106): 7–60 days in jail, a $500 fine, and a 6-month license revocation with an ignition-interlock permit. If your BAC was 0.15 or above, the revocation lengthens to 1 year (§ 60-6,197.03(2)). An alcohol assessment is required.

What are the penalties for a second DUI in Nebraska?

A second offense within 15 years is normally a Class W misdemeanor: 30–180 days jail, $500 fine, 18-month revocation (§ 60-6,197.03(3)). But if your BAC was 0.15+ or you refused the test, it is upgraded to a Class I misdemeanor with a mandatory $1,000 fine, at least 90 days in jail, and an 18-month–15-year revocation (§ 60-6,197.03(5)).

When does a Nebraska DUI become a felony?

A DUI becomes a Class IIIA felony at the THIRD offense if the BAC was 0.15+ or there was a refusal (§ 60-6,197.03(6)), or at the FOURTH offense regardless of BAC (§ 60-6,197.03(7)). A FOURTH high-BAC/refusal offense is a Class IIA felony (1-year minimum) (§ 60-6,197.03(8)), and a FIFTH+ high-BAC/refusal offense is a Class II felony (2-year minimum, up to 50 years) (§ 60-6,197.03(10)). Every third-or-more tier carries a 15-year license revocation on judgment of conviction; if the court grants probation, the two third-offense sub-cases may carry a shorter 2–15-year or 5–15-year revocation (4th-and-later stays 15 years flat). Driving during the revocation is a separate Class IV felony under § 60-6,197.06.

Does Nebraska require an ignition interlock device after a DUI?

IID is not automatic in Nebraska. It attaches as a condition of the ignition-interlock permit that allows you to drive during the license revocation period, after a 45-day no-drive window on second-and-later offenses (§§ 60-6,197.03(3)/(5); 60-6,197.01(1)(b)). On a first offense the IID permit is required for the full revocation period (6 months standard, 1 year if BAC ≥ 0.15).

What happens if I refuse the breath or blood test in Nebraska?

Refusing a chemical test has two consequences. It is a SEPARATE CRIME under § 60-6,197(3), sentenced on the same ladder as DUI. It also triggers administrative license revocation under §§ 60-498.01–60-498.04. A refusal at the current violation re-grades the offense identically to a 0.15+ BAC under § 60-6,197.03(5)/(6)/(8)/(10), and the refusal is admissible as evidence at trial (§ 60-6,197(6)).

How long do prior DUIs count against me in Nebraska?

Nebraska uses a single 15-year lookback window (§ 60-6,197.02(1)(c)), measured from the date of the prior offense to the date of the current offense. Out-of-state DUI convictions count if the conduct would have violated § 60-6,196 (State v. Bixby, 315 Neb. 549 (2023)). A prior refusal conviction DOES count as a prior for a later DUI — both the DUI-prior list (§ 60-6,197.02(1)(a)(i)(A)) and the refusal-prior list ((1)(a)(ii)(A)) include both § 60-6,196 and § 60-6,197 after Laws 2011, LB667 § 34 and LB675 § 8. (Earlier case law to the contrary — State v. Huff, 282 Neb. 78 (2011) — read the pre-2011 statutory text; the Legislature amended the lists that same year to create the crossover.)

What is Nebraska's under-21 BAC rule?

Under Neb. Rev. Stat. § 60-6,211.01, a driver under 21 may not operate a vehicle with a BAC of 0.02 or above (but below 0.08). The penalty under § 60-6,211.02(3) is a traffic infraction (defined in § 60-672): the court impounds the license for 30 days for a positive test, or 90 days if the driver refuses the under-21 test. The $100 first-offense ceiling is the catch-all infraction fine under § 60-689(1) — it is not a figure stated in § 60-6,211.02 itself. This infraction is distinct from the Class W misdemeanor that applies at 0.08+.

What if my Nebraska DUI causes injury or death?

DUI causing serious bodily injury is a Class IIIA felony under § 60-6,198 (up to 3 years, 60-day–15-year no-drive). Motor vehicle homicide caused by a DUI is a Class IIA felony under § 28-306(3)(b) (up to 20 years), or a Class II felony (1–50 years) if you have a prior DUI (§ 28-306(3)(c)), with a mandatory 15-year license revocation.

Sources

  1. Neb. Rev. Stat. § 28-105 — Felonies; classification of penalties; sentences (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  2. Neb. Rev. Stat. § 28-106 — Misdemeanors; classification of penalties; sentences (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  3. Neb. Rev. Stat. § 28-306 — Motor vehicle homicide; penalty (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  4. Neb. Rev. Stat. § 60-4,168 — Commercial driver’s license; disqualification; when (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  5. Neb. Rev. Stat. § 60-6,196 — Driving under influence of alcoholic liquor or drug; penalties (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  6. Neb. Rev. Stat. § 60-6,196.01 — Driving under influence of alcoholic liquor or drug; additional penalty (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  7. Neb. Rev. Stat. § 60-6,197 — Implied consent to submit to chemical test; refusal; advisement; effect; penalty (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  8. Neb. Rev. Stat. § 60-6,197.01 — Driving while license revoked; DUI; second and subsequent violations; restrictions on motor vehicles (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  9. Neb. Rev. Stat. § 60-6,197.02 — Terms, defined; prior convictions; use; sentencing provisions (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  10. Neb. Rev. Stat. § 60-6,197.03 — Driving under influence; implied consent; penalties (10-tier matrix) (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  11. Neb. Rev. Stat. § 60-6,197.06 — Operating motor vehicle during revocation period; penalties (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  12. Neb. Rev. Stat. § 60-6,198 — Driving under influence; serious bodily injury; penalty (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  13. Neb. Rev. Stat. § 60-6,211.01 — Person under twenty-one years of age; prohibited acts (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  14. Neb. Rev. Stat. § 60-6,211.02 — Person under twenty-one years of age; penalty; license impoundment (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026
  15. Neb. Rev. Stat. § 60-689 — Prosecutions where penalty not specifically provided (Neb. Rev. Stat., via Justia) — Accessed July 7, 2026

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