Local DUI Laws

Understanding Second-Offense DUI Penalties in Nebraska

A second DUI in Nebraska marks a significant escalation in penalties compared to a first offense. While the first DUI may include options like probation or diversion, a second conviction signals a pattern of impaired driving and triggers stricter consequences—both legally and administratively. Nebraska’s DUI enforcement system makes it clear that repeat offenses are treated more seriously to protect public safety and deter further violations.

Nebraska consistently uses the term DUI (Driving Under the Influence) in its laws. Second offenses fall under enhanced sentencing guidelines, often requiring mandatory jail time, longer license suspensions, and heightened fines. Administrative actions by the Nebraska Department of Motor Vehicles (DMV) also play a central role, with automatic license revocations and restrictions even before a court conviction is finalized.

This article explains what happens after a second DUI offense in Nebraska, including how the legal process works, how administrative and criminal penalties interact, and what individuals can expect in terms of fines, jail time, and limited driving privileges.

Criminal Penalties for a Second DUI in Nebraska

In Nebraska, a second DUI within a 15-year period is typically charged as a Class W misdemeanor, but with significantly harsher penalties than a first offense. Courts have less flexibility to reduce or suspend sentences, and many aspects of the punishment are mandatory by statute.

Typical criminal penalties for a second DUI include:

• Jail Time: A minimum of 10 days in jail is mandatory, with a maximum of 90 days
• Fines: A fine of $500 to $1,000 is standard
• License Suspension: Courts may impose an additional suspension of 18 months to 2 years
• Ignition Interlock: Installation is mandatory for reinstatement or limited driving
• Probation: Often includes mandatory alcohol treatment and monitoring

If the driver’s BAC is 0.15% or higher, or if there are aggravating factors, the offense may qualify as an aggravated DUI, increasing jail time to a minimum of 30 days and enhancing other penalties.

Unlike first offenses, judges have far less discretion in sentencing for a second DUI. Jail time is not optional and cannot be converted entirely to probation.

Administrative Penalties and License Revocation

Administrative consequences through the Nebraska DMV begin immediately after a DUI arrest—independent of any court action. A second DUI triggers an Administrative License Revocation (ALR) that results in:

• License revocation for 18 months, starting 15 days after arrest
• Immediate license confiscation and issuance of a temporary 15-day permit
• Possible ineligibility for a restricted driving permit during early months

This administrative revocation applies whether the driver failed a BAC test or refused to test. If the driver refused testing, the DMV may impose a longer revocation and place stricter restrictions on any future interlock permits.

Drivers can contest the suspension by requesting a DMV hearing within 10 days of receiving the Notice of Revocation. If the hearing is not requested—or if the DMV upholds the revocation—the suspension goes into full effect.

Enhanced Penalties for High BAC or Aggravating Factors

Nebraska increases penalties for second DUIs involving aggravating circumstances, most commonly:

• BAC of 0.15% or higher
• Refusal to take a chemical test
• Causing an accident or injury
• Driving with a minor in the vehicle

A high BAC automatically reclassifies the offense as aggravated DUI, with more severe criminal and administrative consequences. Minimum jail time increases to 30 days, and eligibility for ignition interlock permits may be delayed.

Refusing to take a test also leads to enhanced penalties, including a 1-year license revocation, mandatory ignition interlock, and reduced access to limited driving privileges. In some cases, refusals may also eliminate the possibility of early reinstatement or probation-based sentencing.

Aggravating factors signal higher risk to public safety, and Nebraska’s laws reflect that by mandating longer jail terms, higher fines, and fewer leniencies.

Ignition Interlock and Limited Driving Options

After a second DUI, Nebraska does allow limited driving privileges under strict conditions. To regain partial driving access, individuals must apply for an Ignition Interlock Permit (IIP) through the DMV.

Key conditions for second-time offenders include:

• Serving 45 to 90 days of hard suspension (no driving allowed)
• Installing an ignition interlock device on any vehicle driven
• Submitting proof of SR-22 insurance
• Paying application and reinstatement fees
• Maintaining compliance throughout the suspension period

Drivers with a second DUI must keep the ignition interlock device for at least one year, even if full driving privileges are reinstated. Any violations—such as failed tests or tampering—can extend the suspension and lead to additional penalties.

The IIP program provides a controlled path to driving while still enforcing accountability through monitoring. However, the rules are more stringent than those for first-time offenders, and violations carry steeper consequences.

Differences Between Criminal and Administrative Penalties

Understanding the difference between criminal and administrative penalties is critical in second-offense DUI cases. These two systems operate independently and often overlap, creating a complex penalty structure.

• Criminal penalties are imposed by the court following a conviction. These include jail, fines, probation, and court-ordered license suspension.
• Administrative penalties are imposed by the DMV based on the arrest and test results, regardless of the court’s decision.

For example, a driver might serve jail time and receive a court-ordered 18-month suspension, while also being subject to a DMV suspension of the same or greater length. Both penalties must be satisfied separately.

Failure to meet the requirements of either system can delay or prevent full reinstatement of driving privileges. Drivers must follow the conditions laid out by both the court and the DMV to complete their sentence and move forward.

Long-Term Impact of a Second DUI in Nebraska

Beyond the immediate penalties, a second DUI conviction carries long-term consequences that affect various areas of life. These may include:

• Permanent criminal record visible on background checks
• Substantially higher auto insurance premiums
• Restricted access to certain jobs or licenses
• Harsher penalties for any future DUI offenses

A second DUI remains on record indefinitely and increases the risk of future offenses being charged as felonies, particularly for a third or fourth DUI within 15 years. The law assumes a pattern of risky behavior, reducing judicial discretion and increasing mandatory minimums.

Additionally, having multiple DUI offenses can limit international travel, disrupt employment, and create reputational challenges, especially in regulated professions. These consequences extend well beyond the legal system and can impact daily life for years.

FAQ: Second DUI Offenses in Nebraska

Is jail time mandatory for a second DUI in Nebraska?
Yes. The law requires a minimum of 10 days in jail, and more if aggravating factors are present.

How long is your license suspended after a second DUI?
The administrative suspension is 18 months, and the court may impose its own suspension that runs concurrently.

Can I drive during the suspension?
Possibly. After the hard suspension period, you may qualify for an Ignition Interlock Permit if all requirements are met.

Does a second DUI count as a felony in Nebraska?
Not automatically. A second DUI is typically a misdemeanor, but future offenses are more likely to be charged as felonies.

What’s the difference between the DMV and court penalties?
The DMV handles administrative suspension, while the court imposes criminal penalties. Both apply in DUI cases and must be satisfied separately.

Conclusion: What to Expect for a Second DUI in Nebraska

A second DUI in Nebraska brings a serious escalation of consequences, including mandatory jail time, longer license suspensions, and higher fines. The state’s legal and administrative systems both enforce penalties that overlap and must be addressed independently. Understanding the scope of Nebraska DUI penalties and how administrative revocations interact with court outcomes is essential. For a detailed comparison, visit our page on criminal vs administrative DUI penalties explained.