Nebraska Drunk Driving Laws

When is a driver considered to be legally drunk in Nebraska?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol concentration is .04 percent or greater. In Nebraska, school bus drivers are commercial drivers.
• Drivers under 21 are legally drunk when their blood alcohol level is .02 or more.

Penalties for Drunk Driving in Nebraska

• A first-time offender faces a prison term of up to 60 days and a fine of up to $500. The driver’s license revocation period is six months. If, however, the offender’s BAC was .15 or greater, the revocation period is one year.
• A second-time offender faces a prison term of up to six months and a fine of up to $500. The driver’s license revocation period is one year. If, however, the offender’s BAC was .15 or greater, the prison term is up to one year and the fine is up to $1,000. These offenders are also subject to a driver’s license revocation period between one and 15 years.
• A person who is convicted of DUI for a third time faces a prison term of up to one year and a fine of up to $600. The driver’s license revocation period is 15 years. If, however, the offender’s BAC was .15 or greater, the offender faces one to five years imprisonment and a fine of up to $10,000.
• A person convicted of a fourth DUI faces one to five years in prison and a fine up to $10,000. The driver’s license revocation period is 15 years. If, however, the offender’s BAC was .15 or greater, the offender is subject to one to 20 years in prison and a fine of up to $25,000.
• A person convicted of a fifth DUI faces one to 20 years in prison and is subject to a fine of up to $25,000. The driver’s license revocation period is 15 years. If, however, the offender had a BAC of .15 or greater, the prison term is three to 50 years.

• Other Drunk Driving Penalties
• Dram Shop Liability
• Criminal Penalty for Selling or Providing Liquor to a Person Under 21

Enhanced Penalties for DUI that Causes Serious Bodily Injury to Another Person or to the Unborn Child of a Pregnant Woman

A person who drives under the influence of alcohol and causes serious bodily injury to another person or to the unborn child of a pregnant woman faces one to five years in prison and a fine of up to $10,000. The driver’s license revocation period is 60 days to 15 years.

Ignition Interlock

In certain circumstances, DUI offenders may apply for a restricted driver’s license which requires them to drive a vehicle that is equipped with an ignition interlock device. The circumstances of the DUI will determine whether the application will be granted, as well as how long the restriction will remain in force.

Commercial Drivers

In addition to other penalties associated with Nebraska’s DUI laws, a commercial driver who is convicted of DUI while operating any vehicle will be disqualified from driving a commercial vehicle for one year. If, however, the offender was driving a commercial vehicle and transporting hazardous materials at the time, he or she will be disqualified from driving a commercial vehicle for three years. If a commercial driver commits a second DUI while driving any vehicle, the offender will be disqualified from driving a commercial vehicle for life.

Drivers Under 21

A driver under 21 who is convicted of DUI will be found guilty of a traffic infraction. First-time offenders are subject to a fine of up to $100. An underage driver who commits a second offense within one year is subject to a fine of up to $200. Those who commit a third or subsequent offense within a one-year period are subject to a fine of up to $300. Nebraska law, however, permits drivers under 21 to be prosecuted and punished for DUI under the laws applicable to drivers 21 and older.

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Dram Shop Liability

Nebraska does not have a dram shop statute. Depending on the facts of the case, however, a drinking establishment may be liable for injuries caused by its negligence in selling alcohol to a minor under the common law.

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Criminal Penalty for Selling or Providing Liquor to a Person Under 21

It is a crime to provide or sell liquor to a person under 21. A violation of this law subjects the offender to up to one year in prison and a fine up to $1,000.

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