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Understanding First-Time DUI Penalties in Nebraska
Facing a first-time DUI charge in Nebraska can be overwhelming, especially for those unfamiliar with how the state enforces its impaired driving laws. While the term “first offense” might suggest a lenient outcome, Nebraska’s penalties for a first DUI are structured and significant. These penalties span both the criminal justice system and the administrative processes managed by the Department of Motor Vehicles (DMV).
Nebraska uses the term DUI (Driving Under the Influence) uniformly in its laws. A first-time offense is typically classified as a misdemeanor, but it still carries meaningful consequences. The penalty structure includes fines, license suspension, possible jail time, and required participation in alcohol education or monitoring programs. Additionally, drivers may face a separate administrative license revocation even before their court date.
This post provides a complete overview of the penalties for a first DUI in Nebraska. It breaks down the difference between criminal and administrative consequences, outlines how BAC levels affect sentencing, and explains how additional conditions—like refusing a breath test—can influence outcomes.
Criminal Penalties for a First DUI Offense
In Nebraska, a first DUI offense is generally treated as a Class W misdemeanor, unless aggravating circumstances are present. The criminal penalties imposed by the court can include a combination of the following:
- Fines: A standard first offense carries a minimum fine of $500
- Jail Time: For BAC under 0.15%, up to 60 days in jail may be imposed, with a minimum of 7 days (which can sometimes be waived or converted to probation)
- Probation: In many cases, courts opt for probation, which may include alcohol treatment programs and monitoring
- License Suspension: The court may impose a suspension of 60 days to 6 months, separate from the DMV’s action
- Ignition Interlock Device: Mandatory installation may be required to regain driving privileges after suspension
If the driver’s BAC is 0.15% or higher, the penalties become more severe, including mandatory jail time of at least 10 days and longer suspension periods.
The court’s discretion can influence how penalties are applied, especially in cases without aggravating factors. However, a conviction will still result in a criminal record that can have long-term effects on employment and insurance.
Administrative Penalties and License Revocation
In addition to the criminal penalties, Nebraska enforces administrative penalties through the DMV. These begin immediately after the arrest and are not dependent on a court conviction. The key administrative action is the Administrative License Revocation (ALR), which is triggered by:
- Failing a chemical test (BAC of 0.08% or higher)
- Refusing to take a chemical test
Upon arrest, the driver’s license is confiscated, and a 15-day temporary permit is issued. After that, the DMV imposes an automatic license suspension of:
- 6 months for failing a BAC test
- 1 year for refusing the test
These administrative suspensions are separate from any court-imposed suspension, though they may overlap. Drivers can request a hearing within 10 days to contest the suspension, but unless successful, the revocation proceeds as scheduled.
The DMV also manages eligibility for Ignition Interlock Permits (IIP), which allow limited driving during the suspension period under strict conditions.
How BAC Level Affects First DUI Penalties
Blood Alcohol Concentration (BAC) plays a major role in determining the penalties for a first DUI in Nebraska. The state has tiered penalties based on how far over the legal limit the driver’s BAC was at the time of the arrest.
- BAC between 0.08% and 0.149%: Considered a standard DUI. Penalties may include probation, fines, and license suspension.
- BAC of 0.15% or higher: Considered an aggravated DUI, which leads to mandatory minimum jail time, higher fines, and longer suspension periods.
- BAC over 0.20%: May result in even stricter consequences, including a longer jail sentence and increased monitoring.
Drivers with high BAC levels may be required to attend alcohol treatment programs or undergo regular alcohol monitoring as part of their probation. Courts and the DMV are less likely to offer leniency when BAC is significantly elevated.
Nebraska law treats BAC level as a major factor in sentencing, both in court and in administrative decisions. This means that the higher the BAC, the more severe the first-time DUI penalties are likely to be.
Impact of Refusing a Breath or Blood Test
Refusing to take a breath or blood test during a DUI stop has serious consequences in Nebraska. Under the state’s implied consent law, refusal is treated as an administrative offense that triggers automatic penalties, including:
- 1-year administrative license suspension
- Possible ineligibility for limited driving permits
- The same or greater criminal penalties as a failed BAC test
Refusal does not prevent a DUI charge from being filed and often makes the situation worse. Courts may view refusal as an attempt to obstruct the investigation, leading to harsher penalties during sentencing.
While some drivers may think refusal helps avoid a DUI conviction, it typically results in longer suspensions and can reduce options for regaining driving privileges. For first-time offenders, refusal can eliminate the ability to receive an Ignition Interlock Permit, especially in the early stages of the suspension.
Ignition Interlock and Limited Driving Options
After serving the required portion of a DUI suspension, many Nebraska drivers can apply for a restricted driving permit through the Ignition Interlock Program. This permit allows individuals to drive only vehicles equipped with a breathalyzer-like device that prevents the car from starting if alcohol is detected.
For first-time offenders:
- Eligibility usually begins 45 days after the suspension starts
- The device must be installed by a state-approved provider
- The driver must submit proof of installation and SR-22 insurance
- Permit holders must follow strict rules regarding use and compliance
Violations—such as failed breath tests or tampering with the device—can lead to extended suspension periods or complete revocation of the permit.
This option gives first-time offenders a structured path back to driving while maintaining public safety. The device also serves as an accountability tool, ensuring drivers remain sober while on the road.
Long-Term Consequences of a First DUI
While the immediate penalties of a first DUI are serious, the long-term effects can also be significant. A conviction results in a criminal record, which may impact:
- Employment opportunities
- Car insurance rates
- Professional licensing (for nurses, teachers, etc.)
- Travel to certain countries with strict entry policies
In Nebraska, a DUI conviction remains on the individual’s criminal record permanently, though under some circumstances, set-aside or sealing options may be available later.
Increased insurance premiums can last for several years, and some companies may refuse coverage altogether. Additionally, repeat offenses result in much harsher penalties, so a first DUI can set the stage for future consequences if behavior does not change.
Understanding the full scope of a DUI’s impact is essential, even for a first offense. The penalties extend beyond fines and license suspension and can shape future opportunities and responsibilities.
FAQ: First-Time DUI Penalties in Nebraska
Is jail time mandatory for a first DUI in Nebraska?
Jail time is possible but not always mandatory. If the BAC is below 0.15%, judges often allow probation in place of jail. For BAC of 0.15% or higher, minimum jail time applies.
How long is your license suspended for a first DUI?
Typically 6 months for failing a chemical test. The suspension is 1 year if the driver refused the test.
Can you get a restricted license after a first DUI?
Yes. Many first-time offenders can apply for an Ignition Interlock Permit after serving a no-driving period (usually 45 days).
Will a first DUI show up on background checks?
Yes. A DUI conviction in Nebraska is a criminal offense and appears on background checks.
Does a first DUI affect insurance?
Yes. Car insurance premiums often increase significantly after a DUI and may remain high for several years.
Conclusion: What to Expect for a First DUI in Nebraska
A first-time DUI in Nebraska brings serious consequences that involve both criminal and administrative penalties. From license suspension and potential jail time to long-term impacts on insurance and employment, the effects are wide-ranging. Understanding how BAC, testing refusal, and court outcomes influence sentencing is key to grasping the full scope of Nebraska DUI penalties. For a breakdown of how each component fits into the broader system, visit our guide on criminal vs administrative DUI penalties explained.