DUI penalties in Nebraska: First Offense, Second Offense, Third Offense, Fourth Offense, Fifth Offense
In 2006, Nebraska passed legislation making the penalties for people with a BAC of .15 and over more severe than for those with a BAC less than .15.
FIRST OFFENSE DUI
Nonaggravated (BAC less than .15)
Maximum penalty
- 60 days jail
- $500.00 fine
- license revoked for 6 months
Minimum penalty
- 7 days jail
- $400.00 fine
- license revoked for 6 months
Probation penalty
- no jail
- $400.00 fine
- license be impounded for 60 days.
Aggravated (BAC .15 or higher)
The maximum penalty for this offense is:
- 60 days jail
- $500.00 fine
- license revoked for 1 year
The minimum sentence is
- 7 days jail
- $400.00 fine
- license revoked for 1 year
If placed on probation, you will be sentenced to 2 days jail or ordered to perform 120+ hours of community service, you will be fined $500.00, and your license will be revoked for 1 year.
SECOND OFFENSE DUI
Nonaggravated (BAC less than .15)
Maximum penalty
- 6 months jail
- $500.00 fine
- license revoked for 1 year and immobilization of all motor vehicles for 5 days to 8 months; and
- court may order the use of a continuous alcohol monitoring device during the period not to exceed the period of revocation
Minimum penalty
- 30 days jail
- $500.00 fine
- license revoked for 1 year and immobilization of all motor vehicles for 5 days to 8 months; and
- court may order the use of a continuous alcohol monitoring device during the period not to exceed the period of revocation
Probation penalty
- 10 days jail or 240+ hours community service
- $500.00 fine
- license revoked or impounded for 1 year; and court may order the use of a continuous alcohol monitoring device during the period not to exceed the period of revocation.
Aggravated (BAC .15 or higher)
Maximum penalty
- 1 year jail
- $1000.00 fine
- license revoked for 1 to 15 years; and court may order the use of a continuous alcohol monitoring device during the period not to exceed the period of revocation
Minimum penalty
- 90 days jail
- $1000.00 fine
- license revoked for 1 to 15 years; and court may order the use of a continuous alcohol monitoring device during the period not to exceed the period of revocation
Probation penalty
- 30 days jail
- $1,000.00 fine
- license revoked or impounded for 1 to 15 years; and court may order the use of a continuous alcohol monitoring device and abstention from alcohol use
THIRD OFFENSE DUI
Nonaggravated (BAC less than .15)
Maximum penalty
- 1 year jail
- $600.00 fine
- license revoked for 15 years
Minimum penalty
- 90 days jail
- $600.00 fine
- license revoked for 2 to 15 years; and court may order the use of a continuous alcohol monitoring device and abstention from alcohol use
Probation penalty
- 30 days jail
- $600.00 fine
- license revoked for 2 to 15 years; and court may order the use of a continuous alcohol monitoring device and abstention from alcohol use.
Aggravated (BAC .15 or higher OR refusal to submit to chemical test) Class IIIA felony
Maximum penalty
- 5 years jail
- $10,000.00 fine
- 15-year license revocation
Minimum penalty
- 180 days jail
- up to $10,000 fine
- 15-year license revocation
Probation penalty
- 60 days jail
- $1,000.00 fine
- license revoked for 5 to 15 years
FOURTH OFFENSE DUI
Nonaggravated (BAC less than .15)--Class IIIA felony
Maximum penalty
- 5 years jail
- $10,000 fine
- 15 year license revocation
Minimum penalty
- 180 days jail
- up to $10,000.00 fine
- 15-year license revocation
Probation penalty
- 90 days jail
- $1,000.00 fine
- license revoked for 15 years
Aggravated (BAC .15 or higher OR refusal to submit to chemical test) -- Class III Felony
Maximum penalty
- 20 years in prison
- up to $25,000.00 fine
- 15 year license revocation
Minimum penalty
- 1 year jail
- fined up to $25,000.00
- 15-year license revocation
FIFTH OFFENSE DUI
Nonaggravated (BAC less than .15) -- Class III Felony
Maximum penalty
- 20 years prison
- up to $25,000.00 fine
- 15-year license revocation
Minimum penalty
- 1 year jail
- up to $25,000.00 fine
- 15-year license revocation
Probation penalty
- 180 days in jail
- $1,000.00 fine
- 15-year license revocation
Aggravated (BAC .15 or higher) -- Class II Felony
Maximum sentence
- up to 50 years in prison
- 15-year license revocation
Minimum sentence
- no mandatory minimum jail sentence
- 15-year license revocation
Probation penalty
- 180 days in jail
- $1,000.00 fine
- 15-year license revocation
