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DUI & DWI in Nebraska

If you’re worried that a Nebraska DUI conviction may cost you thousands of dollars and that you may be sent to jail, you’re right. You may even lose your job and your driver’s license. Drunk driving is a serious charge.

It’s in your best interests to consult with a Nebraska DUI attorney who can expertly analyze your case because, fortunately, not everyone who is arrested for DUI is convicted. There is help available.

We’ll help you by providing information on:

  • Nebraska DUI Laws
  • Nebraska DUI Punishments
  • Potential DUI Defenses
  • Nebraska’s Other Drunk Driving and Alcohol Laws
  • How to Find an Nebraska DUI Attorney

When is a Driver Considered to be Legally Drunk in Nebraska?

Nebraska drunk driving laws are found in The Nebraska Revised Statutes. The BAC (Blood Alcohol Content) limits are always a topic of concern, so we’ve listed the BAC limits for adult drivers, under age 21 drivers, and commercial and school bus drivers.

  • As in every other state, the BAC measure for DUI for adults is .08 or higher.
  • Some states have a zero tolerance policy for under 21 drivers; however, Nebraska has .02 or higher BAC measure for DUI.
  • The BAC limit for commercial drivers (including school bus drivers) varies some from state to state. But in Nebraska a BAC of.04 or higher is drunk driving.

What is Nebraska’s Punishment for DUI Convictions?

Here are the basic Nebraska DUI penalties. Penalties are enhanced if the drunk driver causes serious injury to another person or unborn child (e.g. up to 5 years in jail and up to a $10,000 fine).

  • 1st DUI Conviction: Jail time of 7 days to 60 days – fine of $500- driver’s license suspension of 6 months – loss of commercial license – interlock ignition.

  • 2nd DUI Conviction: Jail time of 30 days to 90 days – fine of $500 – driver’s license suspension of 1 year – loss of commercial license – interlock ignition.

  • 3rd DUI Conviction: Jail time of 90 days to 1 year – fine of $1,000 – driver’s license suspension of 15 years – loss of commercial license – interlock ignition.

Nebraska Drunk Driving Defenses

Your Nebraska criminal defense lawyer will examine the circumstances of your case, seeking mistakes that may have lead to your arrest or mistakes made at a first trial.

If there was mistake with the original traffic stop, BAC testing, arrest, detainment, or trial, the DUI charges may be reduced to less serious charges or dropped altogether. Or, a jury may find you not guilty.

Ask your NE DUI defense attorney which defenses or mitigating factors may apply in your case.

Nebraska’s Other Drunk Driving and Alcohol Laws

Nebraska’s Dram Shop Act
Nebraska law doesn’t include a Dram Shop Act; however, if a licensed drinking establishment (such as a bar or tavern) serves an underage person and injury results, the injured person can recover under a negligence theory.

Nebraska’s Providing Alcohol to Underage Persons Law
A year in prison and a fine of $1,000 may be imposed on anyone who furnishes an underage person with alcohol.

How to Find a Nebraska DUI Attorney

Don’t delay. Evidence is best preserved closest to the time of your arrest. To find a Nebraska DUI lawyer, search our website,, or ask friends or the bar association for a referral.

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