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A DUI arrest in Nebraska can feel overwhelming, especially if it’s your first time dealing with the legal system. The process doesn’t end when you’re taken into custody—in fact, that’s only the beginning. From administrative license consequences to court appearances, the steps that follow a DUI arrest are structured and often happen quickly.
This blog post provides a clear, step-by-step overview of what happens after a DUI arrest in Nebraska. While each case can vary based on circumstances, the general path follows a consistent legal and administrative process. This guide is meant to educate drivers on what to expect, how the timeline typically unfolds, and which agencies are involved in each part of the post-arrest process.
We’ll look at the key stages following an arrest, including processing, license actions, filing of charges, court appearances, and other post-arrest procedures that may apply. This information is presented in plain, neutral language for better understanding of Nebraska’s DUI process.
Immediate Procedures After a DUI Arrest
Once a driver is arrested for DUI in Nebraska, the first steps typically involve booking and chemical testing. After being taken into custody, the individual is usually brought to a police station or detention facility where the following happens:
- Personal information is recorded
- Fingerprints and mugshots are taken
- Formal chemical testing (breath, blood, or urine) is conducted if not already done roadside
At this point, officers may issue a citation or formal charge document. In some cases, individuals may be held until sober or until bail is set, depending on the circumstances.
If the arrest includes a license confiscation, drivers may be issued a temporary driving permit. This permit usually remains valid for 15 days, giving the driver time to request a hearing with the Nebraska Department of Motor Vehicles (DMV).
License Consequences Through the DMV
One of the most immediate effects of a DUI arrest in Nebraska is the administrative license revocation (ALR). This is separate from any criminal charges and is handled by the DMV.
The standard triggers for an ALR include:
- BAC of 0.08% or higher
- Refusal to submit to chemical testing
If either occurs, the DMV will begin the revocation process. Drivers have the right to request a hearing within 10 days to challenge the license suspension. If no hearing is requested, or if the hearing does not overturn the revocation, the license will be suspended based on statutory timelines.
Typical revocation periods:
- First offense (BAC ≥ 0.08%): 6-month revocation
- Refusal to test: 1-year revocation
- Repeat offenses: Longer revocation periods
Drivers may be eligible for an ignition interlock permit, which allows limited driving during the suspension period with a device installed in the vehicle.
How DUI Charges Are Filed in Court
After arrest, the local prosecutor’s office reviews the police report and chemical test results to determine which formal charges will be filed. In Nebraska, DUI is typically classified as a misdemeanor for a first or second offense, and a felony for subsequent offenses or if aggravating factors are present (such as injury or a child passenger).
The charges are usually filed in county court, and the process includes:
- Filing of formal charges
- Notice of initial court date
- Assignment of a case number
Charges may include more than just DUI, depending on the arrest circumstances (e.g., reckless driving, open container violations).
The prosecution is based on a combination of BAC results, field observations, and officer testimony. Even if BAC is under 0.08%, charges can still be filed if the officer observed signs of impairment or if drugs were involved.
First Court Appearance: Arraignment
The first scheduled court appearance after a DUI arrest in Nebraska is the arraignment. During this stage, the driver is formally informed of the charges and asked to enter a plea:
- Guilty
- Not guilty
- No contest
The court will also address bail (if not already set) and may discuss temporary driving restrictions or other conditions, such as alcohol monitoring.
If a not guilty plea is entered, the court will schedule a pretrial conference or hearing. At this stage, legal representation becomes important, but this post does not offer legal advice—only an explanation of the general process.
Pretrial Proceedings and Evidence Review
After arraignment, the case moves into the pretrial phase, where both sides review evidence and explore possible outcomes. The prosecutor may offer a plea agreement, and the defense may file motions to suppress evidence, especially if there are questions about how the stop or testing was conducted.
Evidence typically reviewed includes:
- BAC or chemical test results
- Officer bodycam or dashcam footage
- Field sobriety test performance
- Witness statements (if any)
Depending on the strength of the case, it may resolve with a plea, or proceed toward trial.
Nebraska law allows for pretrial diversion programs in some first-time DUI cases, which can result in reduced penalties or dismissal after program completion. Participation is based on eligibility and court discretion.
Trial and Sentencing (If Applicable)
If no plea agreement is reached, the case may go to trial, usually before a judge in a misdemeanor case, or a jury if it’s a felony. The trial process includes:
- Presentation of evidence
- Cross-examination of witnesses
- Testimony from arresting officers and experts
The burden of proof lies with the prosecution, which must demonstrate that the driver was under the influence beyond a reasonable doubt.
If found guilty, the judge will determine sentencing based on:
- Number of prior DUI convictions
- Level of BAC
- Refusal to test
- Aggravating circumstances (e.g., injuries, property damage)
Penalties may include fines, jail time, probation, license suspension, and mandatory alcohol education programs.
Post-Conviction Requirements and Monitoring
After sentencing, drivers may be required to complete specific conditions to regain full driving privileges and meet court obligations. These may include:
- Alcohol assessment or education courses
- Ignition interlock device installation
- Probation check-ins
- Community service
Nebraska law also includes point system penalties, and DUI convictions stay on a driver’s record for at least 15 years for purposes of future enhancements.
Even after fines are paid or jail time is served, full license reinstatement may take time and require documentation of compliance with all conditions.
FAQ: What Happens After a DUI Arrest in Nebraska?
Q: Do I lose my license immediately after a DUI arrest in Nebraska?
A: Not immediately, but your license may be confiscated, and you will have 15 days to request a DMV hearing to contest the suspension.
Q: What is an arraignment and when does it happen?
A: Arraignment is your first court appearance, where charges are read and you enter a plea. It usually happens within a few weeks of the arrest.
Q: Can I drive after a DUI arrest?
A: You may be eligible for a temporary permit or an ignition interlock permit, depending on your case and whether you requested a DMV hearing.
Q: Is a DUI in Nebraska a felony or misdemeanor?
A: First and second offenses are usually misdemeanors. Third or subsequent offenses, or DUI involving injury, may be charged as felonies.
Q: What happens if I refuse the breath or blood test?
A: Refusal triggers an automatic license revocation and may limit your options for diversion or permit eligibility.
Conclusion
A DUI arrest in Nebraska sets off a structured process involving both administrative and criminal systems. From license consequences with the DMV to courtroom procedures and potential post-conviction requirements, the aftermath of a DUI arrest includes multiple stages. Each step—from testing and booking to arraignment and beyond—plays a role in determining outcomes and consequences. Knowing what to expect after a DUI arrest helps drivers understand the system and the serious responsibilities that follow.
To get a complete picture of how DUI enforcement works across the board, visit our How DUI Laws Work page. For a deeper explanation of how DUI charges are formally filed and prosecuted in Nebraska, check out How DUI Charges Are Filed and Prosecuted.