Local DUI Laws

Understanding how DUI arrests happen in Nebraska helps drivers stay informed and aware of the legal process. DUI laws in the state are designed to reduce impaired driving and make roads safer by identifying and stopping drivers who may be under the influence of alcohol or drugs. But how does a DUI arrest actually unfold? What steps do law enforcement officers follow? And what behaviors or signs lead to suspicion in the first place?

This blog post outlines the general process behind DUI arrests in Nebraska—from the initial traffic stop to the officer’s decision to make an arrest. Nebraska’s DUI enforcement relies on observable behavior, testing protocols, and legal standards that guide every step. The goal is to give readers a clear, educational overview of what triggers a DUI arrest without legal jargon or fear-based messaging.

Whether you’re a new driver or simply trying to better understand how DUI laws work in Nebraska, this post will explain the full process in plain language. We’ll look at common triggers during a traffic stop, what types of tests may be used, and how decisions are made based on observed impairment or test results.

Common Reasons Drivers Are Stopped Before a DUI Arrest

In Nebraska, most DUI arrests begin with a routine traffic stop, not a DUI checkpoint. Officers may pull over a driver for a wide range of minor infractions, and the initial reason often has nothing to do with suspected impairment. Some of the most common reasons include:

• Speeding or erratic driving
• Failure to use turn signals
• Running stop signs or red lights
• Swerving within or between lanes
• Driving with headlights off at night

Once a driver is stopped, officers begin observing for signs of impairment. Slurred speech, bloodshot eyes, delayed responses, or the smell of alcohol can prompt an officer to begin a DUI investigation, even if the original stop was unrelated to suspected drinking.

The important point to remember is that in Nebraska, officers only need reasonable suspicion to pull a vehicle over—not proof of DUI. The DUI process typically begins once the officer’s observations during the stop indicate possible impairment.

Officer Observations and Behavioral Cues

After a driver is pulled over, law enforcement in Nebraska relies heavily on behavioral observations to decide whether to move forward with a DUI investigation. These cues are based on national training standards but are adapted to local procedures.

Some of the most common signs officers look for include:

• The smell of alcohol or drugs
• Unsteady movements while retrieving documents
• Red or watery eyes
• Confused or delayed speech
• Difficulty following instructions

In Nebraska, these signs can justify asking a driver to step out of the vehicle for additional testing. It’s important to note that these cues are subjective but legally valid as part of the officer’s assessment. If enough indicators are present, the officer may escalate the stop into a DUI investigation.

Drivers are not required to answer questions about where they were or whether they’ve been drinking, but refusing to cooperate with lawful testing can trigger penalties under Nebraska’s implied consent law.

Field Sobriety Testing in Nebraska

When an officer suspects impairment, Nebraska law allows for field sobriety tests (FSTs) to evaluate coordination, focus, and physical responses. These standardized tests are voluntary, but officers are not required to inform drivers of this.

Common field sobriety tests include:

• Horizontal Gaze Nystagmus (HGN): Following a moving object with the eyes
• Walk-and-Turn: Walking heel-to-toe in a straight line and turning
• One-Leg Stand: Standing on one foot while counting aloud

While these tests are used to gauge impairment, they are not perfect. Many factors—such as nerves, fatigue, medical conditions, or weather—can affect performance. Still, poor performance on these tests can contribute to probable cause for a DUI arrest.

Officers use these tests in combination with other observations to determine whether a formal chemical test (breath, blood, or urine) is necessary.

Preliminary Breath Tests and Probable Cause

Nebraska officers may ask a driver to take a preliminary breath test (PBT) at the roadside after field sobriety testing. This handheld device provides an estimate of the driver’s BAC (blood alcohol concentration) but is not used as formal evidence in court.

The result of a PBT helps the officer determine whether they have probable cause to arrest the driver for DUI. If the BAC is at or above 0.08% for adults—or 0.02% for drivers under 21—officers may proceed with an arrest.

Refusing the preliminary breath test can be used as part of the decision-making process, but it is not treated the same as refusing a post-arrest chemical test, which carries automatic license consequences.

Ultimately, a PBT result is one of several tools used to justify a DUI arrest in Nebraska.

Chemical Testing After Arrest

If a DUI arrest is made, Nebraska law requires the driver to submit to chemical testing—either a breath, blood, or urine test. This is where Nebraska’s implied consent law comes into effect. By driving in the state, individuals automatically agree to comply with post-arrest chemical testing.

Failure to take the test can lead to:

• Automatic license revocation
• Ignition interlock requirements
• Additional penalties even if no DUI conviction follows

These tests provide the formal BAC results that are used in court proceedings. If a driver’s BAC is 0.08% or higher, this result serves as the legal basis for the DUI charge. Lower BACs may still result in charges if combined with drug impairment or other observed behaviors.

Drug-Related DUI Arrests in Nebraska

Alcohol isn’t the only substance that can lead to a DUI arrest in Nebraska. Drug-related impairment—from illegal substances, prescription medication, or over-the-counter drugs—can also be grounds for arrest.

Officers trained as Drug Recognition Experts (DREs) may be called to evaluate drivers who show signs of impairment but have low or no BAC levels. These evaluations consider:

• Pupil size
• Muscle tone
• Pulse rate
• Behavior
• Statements made by the driver

Drug-related DUI arrests follow a similar pattern: initial stop, observation, field sobriety testing, and probable cause determination. However, blood or urine tests are often required to confirm drug presence, and these take longer to process than breath tests.

FAQ: DUI Arrest Triggers in Nebraska

Q: What are the most common reasons drivers are pulled over before a DUI arrest?
A: Common triggers include swerving, speeding, missed signals, or driving without headlights.

Q: Do officers have to tell you that field sobriety tests are voluntary?
A: No. In Nebraska, officers are not required to inform drivers that field sobriety tests can be declined.

Q: Can I be arrested if my BAC is under 0.08%?
A: Yes. If officers believe drugs or alcohol have impaired your ability to drive, they can arrest you even with a BAC below the legal limit.

Q: What happens if I refuse a breath or blood test?
A: Refusing post-arrest chemical testing triggers automatic license suspension under Nebraska’s implied consent law.

Q: Are DUI arrests always based on breath tests?
A: No. Breath tests are common, but officers may also use blood or urine tests, especially in drug-related cases.

Conclusion

In Nebraska, a DUI arrest can be triggered by a wide range of observable signs, behaviors, and test results. From the initial traffic stop to chemical testing, each step of the process is structured to identify impaired drivers through a combination of observation and evidence. Understanding how DUI arrests happen in Nebraska helps drivers recognize the importance of responsible behavior behind the wheel and how enforcement procedures unfold on the road.

To explore more about how DUI enforcement works in general, visit our How DUI Laws Work page. For a deeper look at the specific triggers that lead to DUI arrests during a traffic stop, check out What Triggers a DUI Arrest During a Traffic Stop.