Nebraska DUI Penalties
A DUI punishment in one court will not necessarily be the same punishment as in other courts in Nebraska, but the range of punishment will be the same. Whether a case is a misdemeanor or a felony depends on the number of prior DUI convictions, the alcohol concentration level, and whether anyone was injured or killed.
What is Probation?
“Probation” means a suspension of a sentence of jail, a fine, or even a driver’s license suspension by the court. Said another way, upon conviction, the judge pronounces a punishment of a jail sentence, a fine sentence, and a driver’s license suspension.

In layman terms this means that you will not have to do all or most of the possible jail time if you behave for the length of the probation. You most likely will pay a fine and court costs.

“Wait,” you say, what does “behave” mean? It means that the judge has offered you a “deal” you can’t refuse. This “deal” is a contract between you and the court. The terms are simple: The judge promises not to put you in jail (or put you in jail for the full time) if you agree to the terms of probation that the judge orders.
In Nebraska, most DUI convictions result in probation. From the citizens’ view, it is best to understand what probation means before reviewing specific penalties
Multiple DUIs
If someone is charged with a DUI related crime while another DUI related proceeding is pending, then that person cannot be given probation or a suspended sentence for either conviction.



Less than a .15 BAC

  • 7 to 60 days in jail
  • $500 fine
  • 6-month license revocation
    • Ignition interlock required during revocation

If granted probation:
  • $500 fine
  • 60-day license revocation
    • Ignition interlock required during revocation





.15+ BAC

  • 7 to 60 days in jail
  • $500 fine
  • 1-year license revocation
    • Ignition interlock required during revocation

If granted probation:
  • $500 fine
  • 2 days confinement in jail or 120+ hours of community service
  • 60-day license revocation
    • Ignition interlock required during revocation

1st DUI



Less than a .15 BAC

  • 30 days to 6 months in jail
  • $500 fine
  • 18-month license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit pursuant after 45 days

If granted probation:
  • 10 days in jail or 240 hours of community service
  • $500 fine
  • 18-month license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit pursuant after 45 days



Test Refusal or .15+ BAC

  • 90 days to 1 year in jail
  • $1,000 fine
  • 18-month to 15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days

If granted probation:
  • 30 days in jail
  • $1,000 fine
  • 18-month to 15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days


2nd DUI



Less than a .15 BAC

  • 90 days to 1 year in jail
  • $1,000 fine
  • 15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45

If granted probation:
  • 30 days in jail
  • $1,000 fine
  • 18-month license revocation;
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days



Test Refusal or .15+ BAC

  • 180 days to 3 years in jail and 9-18 months
    post-release supervision

  • Up to a $10,000 fine
  • 15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days

If granted probation:
  • 60 days in jail
  • $1,000 fine
  • 5 to 15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days
  • No alcohol and continuous alcohol monitoring for at least 60 days

3rd DUI



Less than a .15 BAC

  • 180 days to 3 years in jail
  • $1,000 fine
  • 15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days

If granted probation:
  • 90 days in jail
  • $2,000 fine
  • 15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days
  • No alcohol and continuous alcohol monitoring for at least 90 days

​​


Test Refusal or .15+ BAC

  • 1 to 20 years in jail
  • 15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days
 
If granted probation:
  • 120 days in jail
  • $2,000 fine
  •  15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days
  • No alcohol and continuous alcohol monitoring for at least 120 days

4th DUI



Less than a .15 BAC

  • 2 to 20 years in jail
  • 15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days

If granted probation:
  • 180 days in jail
  • $2,000 fine
  •  15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days
  • No alcohol and continuous alcohol monitoring for at least 180 days




Test Refusal or .15+ BAC.

  • 2 to 50 years in jail
  • 15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days

If granted probation:
  • 180 days in jail
  • $2,000 fine
  •  15-year license revocation
    • No driving for 45 days
    • Can apply for ignition interlock permit after 45 days
  • No alcohol and continuous alcohol monitoring for at least 180 days

5th (or more) DUI
DUI w/ Resulting Serious Bodily Injury
It is a separate Class IIIA felony for someone to commit a DUI and cause serious bodily injury to another person or to an unborn child. This crime is punishable by up to 3 years imprisonment followed by 9-18 months post-imprisonment supervision; up to a $10,000 fine; or both. Additionally, there is a 60-day to 15-year license revocation.
Motor Vehicle Homicide
It is a separate felony offense to cause the death of another while Driving Under the Influence.
No Prior DUIs
With Prior DUIs
It is a Class IIA felony punishable by up to 20 years imprisonment and a 1 to 15-year license revocation.
It is a Class II felony punishable by 1 to 50 years imprisonment and a 15-year license revocation.
Motor Vehicle Homicide of an Unborn Child
It is a separate felony offense to cause the death of an unborn child while Driving Under the Influence.
No Prior DUIs
With Prior DUIs
It is a Class IIIA felony punishable by up to 3 years imprisonment with 9-18 months post-release supervision; up to a $10,000 fine; or both. Also, the court must order 60 day to 15-year license revocation.
It is a Class IIA felony punishable by up to 20 years imprisonment and a 1 to 15-year license revocation.