Have A Question? Search This Site:
Understanding how the court process works after a DUI arrest in Nebraska can help drivers feel more prepared for what lies ahead. While every case is unique, the legal system follows a fairly standard series of steps for handling DUI charges—from the initial arrest through final resolution in court. This process includes administrative actions, scheduled hearings, and possible sentencing if a conviction occurs.
This post explains the full DUI court process in Nebraska, from start to finish. It’s designed to provide a clear, step-by-step overview that’s easy to follow. Whether you’re trying to understand timelines, procedures, or key decision points, this guide walks through each phase without legal jargon or opinion.
By the end, you’ll have a complete picture of what to expect after a DUI arrest in Nebraska, from the traffic stop to the courtroom.
Step 1: The Arrest and Initial Processing
The DUI court process begins with an arrest based on a law enforcement officer’s suspicion of impaired driving. In Nebraska, an officer may initiate a stop due to:
- Erratic or unsafe driving
- A traffic violation
- A crash or roadside safety check
If the officer detects signs of impairment—such as slurred speech, odor of alcohol, poor coordination, or failed field sobriety tests—they may request a breath, blood, or urine test to measure blood alcohol concentration (BAC).
In Nebraska, a BAC of 0.08% or higher (or 0.04% for commercial drivers, 0.02% for underage drivers) typically leads to arrest. If the individual refuses testing, Nebraska’s implied consent law allows for an automatic license revocation and penalties even without test results.
After arrest:
- The driver is booked at a police station
- Chemical testing may be administered (if not already completed)
- A citation or complaint is issued stating the charges
- The driver may be released or held until bail is posted
Step 2: Administrative License Revocation (DMV Process)
Following the arrest, Nebraska enforces a separate administrative process handled by the Department of Motor Vehicles (DMV), not the court. This process is known as the Administrative License Revocation (ALR).
Triggers for ALR include:
- A BAC test result of 0.08% or higher
- Refusal to take a chemical test after arrest
Here’s how the ALR process works:
- The arresting officer confiscates the driver’s license
- A temporary permit valid for 15 days is issued
- The driver has 10 days to request a DMV hearing to contest the revocation
If no hearing is requested, or the hearing upholds the officer’s findings, the DMV imposes a license suspension:
- First offense: 6-month revocation (or 1 year for test refusal)
- Repeat offenses: Longer suspension periods apply
This process occurs independently of the court case, meaning the DMV can revoke a license even if the court case is dismissed later.
Step 3: Arraignment in Court
The next stage in the court process is the arraignment, which is the first formal appearance in front of a judge. This usually occurs within a few weeks of the arrest, depending on local court schedules.
At the arraignment:
- The driver is officially informed of the charges
- A plea is entered: guilty, not guilty, or no contest
- Bail or bond may be reviewed or set
- Future court dates are scheduled
This stage is not a trial. It’s a procedural step to acknowledge the charges and begin the formal legal process. The judge may also impose temporary conditions such as alcohol monitoring, travel restrictions, or an ignition interlock requirement, depending on the case.
If the driver pleads not guilty, the case proceeds to the next stage: pretrial hearings and negotiations.
Step 4: Pretrial Hearings and Case Review
During the pretrial phase, both the defense and prosecution prepare for trial. This is the most active part of the court process and can involve several key actions:
- Discovery: Both sides exchange evidence, including police reports, BAC test results, dashcam footage, and witness lists.
- Motions: The defense may file motions to suppress evidence (e.g., challenging the traffic stop or test administration).
- Plea negotiations: In many cases, prosecutors may offer a plea deal to reduce the charge or sentence in exchange for a guilty or no contest plea.
This phase allows both sides to assess the strength of the case. For first-time offenders, a prosecutor may recommend diversion, probation, or reduction to a lesser charge, depending on the details.
If no agreement is reached, the case proceeds to trial.
Step 5: DUI Trial
In Nebraska, DUI trials for misdemeanors are typically held in county court, and the defendant can choose between a bench trial (judge only) or a jury trial. For felony DUI charges, jury trials are the standard.
At trial, the prosecution must prove beyond a reasonable doubt that:
- The driver was operating or in control of a motor vehicle
- The driver was under the influence of alcohol or drugs, as indicated by behavior or BAC results
The defense can challenge:
- The validity of the stop
- The reliability of field sobriety or chemical tests
- The conduct of law enforcement
- The timeline and handling of evidence
The trial may include:
- Testimony from arresting officers
- Expert witnesses
- Chemical test technicians
- Any witnesses for the defense
At the end of the trial, the judge or jury delivers a verdict. If found not guilty, the case ends there. If found guilty, the case moves to sentencing.
Step 6: Sentencing and Penalties
If a DUI conviction occurs, the court moves to sentencing, which depends on the number of prior offenses, BAC level, and any aggravating circumstances.
Nebraska DUI penalties may include:
- Fines
- Jail time
- License suspension or revocation
- Ignition interlock device installation
- Probation
- Alcohol education or treatment programs
Here’s a general overview of penalties for standard DUI convictions:
- First offense: Up to 60 days in jail, $500 fine, 6-month license revocation, possible probation
- Second offense: 30 to 180 days in jail, $500 fine, 18-month license revocation
- Third offense (felony if prior DUIs within 15 years): Up to 3 years in prison, larger fines, 15-year license revocation
The court may allow participation in a sobriety program or offer reduced jail time in exchange for compliance with court conditions.
Step 7: Post-Conviction Requirements
Following sentencing, there are often ongoing obligations that drivers must fulfill. These may include:
- Installing and maintaining an ignition interlock device
- Reporting to a probation officer
- Completing alcohol or drug education classes
- Paying court costs, fees, or restitution
Failure to comply with post-conviction conditions can result in further penalties, including extended license revocation or jail time.
Nebraska also keeps DUI convictions on record for 15 years, which affects penalties for any future offenses.
DUI Diversion and Alternative Programs
In some Nebraska jurisdictions, diversion programs may be available for first-time DUI offenders. These programs are designed to educate and rehabilitate rather than punish. Participation is not guaranteed and is determined on a case-by-case basis.
Diversion programs typically include:
- Enrollment in a drug and alcohol education class
- Participation in a victim impact panel
- Agreement to remain offense-free for a set period
- Payment of administrative fees
If all conditions are met, the DUI charge may be dismissed, and no criminal conviction appears on the record.
However, not all counties in Nebraska offer diversion, and eligibility may exclude those with prior offenses or high BAC levels.
Court Timeline for DUI Cases in Nebraska
The DUI court process in Nebraska can vary in length depending on the complexity of the case and whether it proceeds to trial. Here’s a general timeline:
- Arrest: Day 1
- License revocation notice: Immediate, with 15-day temporary permit
- Arraignment: Within 2–4 weeks
- Pretrial hearings: 1–3 months
- Trial: 3–6 months (if no plea deal is reached)
- Sentencing and post-conviction: Ongoing, based on conditions
Administrative and criminal processes may overlap, but each follows its own procedures and deadlines.
FAQ: DUI Court Process in Nebraska
Q: What happens first after a DUI arrest in Nebraska?
A: After arrest, the driver is processed, and the DMV issues a license revocation. A court arraignment is scheduled shortly after.
Q: Do I have to appear in court for a DUI?
A: Yes. Court appearances are mandatory unless otherwise specified. Failure to appear can result in additional charges or a warrant.
Q: Can I plead guilty at the arraignment and be done with it?
A: Yes, but this waives your right to challenge evidence or negotiate a plea. It’s a binding decision with immediate consequences.
Q: How long does a DUI case take in Nebraska?
A: It varies, but most cases are resolved within 3–6 months, depending on court backlog and whether a trial is held.
Q: Can I get my license back before the case ends?
A: You may be eligible for an ignition interlock permit or hardship license, but full reinstatement usually follows completion of the court process and DMV requirements.
Conclusion
The DUI court process in Nebraska is structured and moves through clear legal stages—from arrest and arraignment to trial and sentencing. Understanding each phase helps drivers know what to expect and prepares them for the responsibilities and requirements that follow. While the process can be complex, it follows consistent rules and timelines designed to ensure fairness and safety on Nebraska roads.
For a full overview of the DUI timeline from roadside stop to court resolution, visit our DUI Process and Timeline page. For a deeper breakdown of the court stages from traffic stop to courtroom, check out The DUI Process From Traffic Stop to Court.