Local DUI Laws

Understanding How Nebraska Classifies DUI Offenses

In Nebraska, driving under the influence (DUI) is treated as a serious offense—but not all DUI charges are created equal. One of the most common questions asked by individuals facing DUI allegations is whether the charge is considered a misdemeanor or a felony. The answer depends on several factors, including the number of prior offenses, blood alcohol content (BAC), and any aggravating circumstances present at the time of arrest.

Nebraska uses the acronym DUI (Driving Under the Influence) consistently across its legal codes. The state applies a tiered system that classifies DUI offenses based on severity. Most first and second offenses are misdemeanors, but DUIs can quickly become felonies when specific conditions are met.

This post provides a clear explanation of when a DUI in Nebraska is considered a misdemeanor, when it becomes a felony, and what factors push a case from one category to the other. Understanding these classifications is essential for grasping the full scope of penalties, court procedures, and long-term consequences associated with impaired driving in Nebraska.

When Is a DUI in Nebraska a Misdemeanor?

In Nebraska, most first-time and second-time DUI offenses are classified as Class W misdemeanors. These are still criminal charges and come with significant penalties, but they are not felonies under state law unless additional elements elevate the case.

Typical characteristics of misdemeanor DUIs in Nebraska include:

• First DUI offense with BAC between 0.08% and 0.149%
• Second DUI offense within 15 years
• No aggravating factors such as injury, minors in the vehicle, or extremely high BAC
• No refusals that result in felony enhancement

Penalties for misdemeanor DUI can include jail time, fines, license suspension, probation, and mandatory installation of an ignition interlock device. Though less severe than felony charges, misdemeanor DUIs still carry a criminal record that can affect employment, insurance, and future legal matters.

Nebraska law recognizes the seriousness of impaired driving even on the first offense, but reserves felony classification for repeat offenses or when public safety is significantly threatened.

When Does a DUI Become a Felony in Nebraska?

A DUI in Nebraska becomes a felony when certain legal thresholds are crossed. These typically involve multiple prior offenses, aggravated circumstances, or harm caused to others.

Common situations that elevate a DUI to a felony include:

• Third DUI offense with a high BAC or other enhancements
• Fourth DUI or higher, regardless of BAC level
• DUI resulting in serious bodily injury or death
• DUI while operating on a suspended or revoked license
• Refusing a chemical test with multiple prior convictions

Depending on the specific charge, felony DUIs in Nebraska may be classified as:

• Class IIIA felony: For third offense with aggravating factors (e.g., high BAC)
• Class III felony: For fourth DUI offense
• Class IIA or I felony: For DUIs involving injury or fatality

Felony convictions carry much heavier penalties, including prison time (up to several years), long-term license revocation, higher fines, and the loss of certain civil rights such as voting or firearm ownership during incarceration or parole.

How Prior Offenses Influence DUI Classification

Nebraska follows a 15-year lookback period when determining whether a DUI offense counts as a repeat. This means that any DUI convictions within the past 15 years will influence whether the current charge is treated as a misdemeanor or felony.

• First and second offenses within 15 years = Misdemeanor
• Third offense within 15 years = Misdemeanor or felony (depends on BAC and aggravation)
• Fourth offense or higher = Automatically charged as a felony

Each subsequent offense not only increases penalties but also raises the risk of felony prosecution. This progression underscores the importance of the state’s repeat-offender tracking system in shaping legal outcomes.

It’s also important to note that out-of-state DUI convictions can count toward Nebraska’s total if they occurred within the 15-year window. This means someone with prior offenses in another state can still face felony charges in Nebraska for what might otherwise seem like a lesser offense.

Aggravating Factors That Can Lead to Felony Charges

Even if a DUI offense is a first or second occurrence, certain aggravating factors can elevate the charge to a felony under Nebraska law. These include:

• High BAC levels (typically 0.15% or higher)
• Refusal to take a chemical test, particularly with prior offenses
• Causing an accident that results in serious bodily harm or death
• Endangering a child by having a minor in the vehicle during the DUI
• Driving with a suspended or revoked license

These circumstances often lead prosecutors to pursue enhanced charges. In cases involving injury or fatality, the state may charge the individual with vehicular assault or motor vehicle homicide, both of which are felonies with potential for multi-year prison sentences.

Aggravating factors not only impact how a charge is classified but also influence bail conditions, plea options, and sentencing outcomes in court.

Court Process for Felony vs. Misdemeanor DUIs

The legal process for DUI charges in Nebraska differs depending on whether the offense is a misdemeanor or felony. Misdemeanor DUIs typically proceed through county courts, while felony cases are heard in district courts with more formal procedures.

Differences in the process may include:

• Felony cases require preliminary hearings and formal arraignment
• Felony charges involve higher bail amounts and stricter release conditions
• Misdemeanor cases may be eligible for diversion or probation, especially for first-time offenders
• Felony convictions often result in state prison time, not just county jail

The type of court, the nature of the proceedings, and the potential penalties all shift depending on whether the DUI is charged as a misdemeanor or felony. Understanding this distinction is essential for grasping the full impact of how Nebraska handles DUI cases.

Long-Term Consequences of Felony vs. Misdemeanor DUI

The consequences of a felony DUI extend well beyond the legal system. While both misdemeanor and felony convictions carry a criminal record, felony charges can have deeper, more lasting effects on a person’s life.

Long-term consequences may include:

• Loss of voting rights during incarceration
• Ineligibility for certain jobs, licenses, or public programs
• Barriers to housing and credit
• Increased sentencing exposure for future offenses
• Longer license revocation and ignition interlock requirements

Even after serving time or completing probation, a felony DUI can impact opportunities for years. Employers, licensing boards, and insurance companies all consider felony records when making decisions.

While misdemeanor DUI convictions are serious, felony charges carry a much higher social and legal cost—one that extends far beyond the courtroom.

FAQ: Nebraska DUI Classifications

Is a first DUI in Nebraska a felony?
No. A first DUI is typically charged as a Class W misdemeanor, unless it involves injury or another aggravating factor.

Can a second DUI be a felony?
Usually not. However, if it involves refusal to test, high BAC, or other aggravating conditions, it may be enhanced.

What makes a DUI a felony in Nebraska?
A third or subsequent DUI, or any DUI that causes serious injury or death, is generally charged as a felony.

Do DUIs from other states count in Nebraska?
Yes. Prior DUI convictions from other states within 15 years can influence how a Nebraska DUI is classified.

Can a felony DUI ever be reduced to a misdemeanor?
In limited cases, plea negotiations or lack of aggravating evidence may lead to reduced charges, but felony DUIs are typically prosecuted as filed.

Conclusion: How Nebraska Classifies DUI Charges

Nebraska classifies most first and second DUI offenses as misdemeanors, but serious conditions such as multiple prior convictions, high BAC levels, or injury-related crashes can quickly elevate a DUI to a felony. Understanding the difference is key to anticipating the legal process and potential outcomes. To learn more about how state-specific rules apply to DUI arrests and sentencing, visit our full guide on state-by-state DUI laws or explore our breakdown of how state DUI laws affect arrests and penalties.