From felony DUIs to mandatory ignition interlock installation for all convicted drunk drivers, Nebraska is tough on their drunk driving offenders. As a result, the state had only 45 drunk driving-related fatalities in 2011, making up 25 percent of total traffic fatalities that year. Nebraska’s greatest drunk driving law improvement came in 2008 with the enactment of an all-offender interlock law. The law has only been improved almost every year since then.
Anyone who operates a vehicle with a blood alcohol concentration (BAC) of 0.08 or higher in Nebraska is guilty of driving under the influence (DUI). A DUI is considered a misdemeanor after a first, second, and third offense and a felony after fourth and subsequent offenses. Consequences for DUI include a fine, jail time, driver’s license revocation, alcohol assessment and, if needed, treatment, and vehicle immobilization for 5 days to 8 months (after second and subsequent offenses).
- 1st Conviction: $500 fine; 7 to 60 days in jail; 6-month license revocation
- 2nd Conviction: $500 fine; 30 to 90 days in jail; 1-year license revocation
- 3rd Conviction: $1,000 fine; 90 days to 1 year in jail; 15-year license revocation
- 4th Conviction: up to $10,000 fine; 180 days to 5 years in jail; 15-year license revocation
- 5th and Subsequent Convictions: up to $25,000 fine; 2 to 20 years in jail; 15-year license revocation
Consequences increase for all DUI offense levels if the offender’s BAC is 0.15 or higher. For increased consequences, visit www.transportation.nebraska.gov.
If the DUI offense results in the serious bodily injury or death of another person, the DUI is elevated to a felony punishable by a fine of up to $10,000, 5 years in jail, and a 60-day to 15-year license revocation for serious bodily injury or a fine of up to $25,000, 1 to 50 years in jail, and a 1- to 15-year license revocation for death (depending on whether or not the offender has a prior DUI conviction).
Ignition Interlock Law
All convicted drunk driving offenders are required to install an ignition interlock device in Nebraska. As of January 2012, offenders may also install the device in order to waive their right to an Administrative License Revocation hearing.