Nebraska DUI/DWI Laws: Penalties, Court Process, and Records

While driving while drunk (DWI) and driving under the influence (DUI) are punishable by law nationwide, state laws vary. DUI (Driving Under the Influence) is the official legal term in Nebraska; however, DWI is frequently used colloquially. Nebraska has strict rules against drunk driving, which include obligatory license suspensions, ignition interlock devices, and harsher penalties for repeat offenders.

What Is a DUI in Nebraska?

DUI is defined as operating or having actual physical control of a motor vehicle while under the influence of alcohol, drugs, or both under Nebraska Revised Statutes §60-6,196.

In Nebraska, the following are the legal levels for impairment that are normally established by blood alcohol content (BAC):

• 0.08% BAC for most drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.02% BAC for drivers under 21 (zero tolerance law)

If someone is under the influence of illegal narcotics, prescription medications, or other intoxicants that impair their ability to drive safely, they may also face DUI charges.

DUI Penalties in Nebraska

Nebraska uses a 15-year look-back period for recurrent DUI offenses. The severity of the penalties increases with each new infraction.

• First DUI Offense (Class W misdemeanor):
  • This could lead to a prison sentence of up to 60 days (7 days mandatory if BAC ≥0.15%)
  • They may have to pay up to $500 in fines
  • Their license may be revoked for 6 months (1 year if BAC ≥0.15%)
  • Offenders may have to get an ignition interlock device (IID) for restricted driving
• Second DUI Offense (within 15 years, Class W misdemeanor):
  • Offenders could face a jail sentence of 10 days to 90 days (30 days mandatory if BAC ≥0.15%)
  • They could pay fines of up to $1,000
  • Their license may be revoked for 18 months (2 years if BAC ≥0.15%)
  • They may be required to get an IID for reinstatement
• Third DUI Offense (within 15 years, Class W misdemeanor or felony depending on BAC and priors):
  • Offenders may face a jail sentence from 30 to 180 days (90 days mandatory if BAC ≥0.15%)
  • They may have to pay up to $1,000 in fines
  • This can also lead to a license revocation for 15 years if classified as a felony
  • An IID may also be required to get the license reinstated
• Fourth DUI Offense (Felony):
  • Offenders could get 1 to 20 years in prison (depending on BAC and priors)
  • They may have to pay fines of up to $25,000
  • They may get their driver’s license revoked for 15 years
  • They may be required to get an IID if reinstated
• Fifth or Subsequent DUI (Felony):
  • They could face up to 20 years in prison
  • They may have to pay fines of up to $25,000
  • Their license may be revoked for 15 years or permanently

Aggravated DUI: For multiple violations, BAC ≥0.15% results in felony categorization, longer license revocations, and harsher mandatory minimum jail sentences.

DUI Arrest and Court Process in Nebraska

DUI cases in Nebraska involve both administrative and criminal procedures:

1. Traffic Stop and Arrest – Officers may conduct field sobriety and chemical testing. Refusal leads to immediate license suspension under Nebraska’s implied consent law.
2. Booking and Charges – The driver is processed, fingerprinted, and charged.
3. Administrative License Revocation (ALR) – The Nebraska DMV imposes automatic suspension unless the driver requests a hearing.
4. Arraignment – The accused appears in court, hears charges, and enters a plea.
5. Pre-Trial Hearings – Defense attorneys may challenge evidence or test procedures.
6. Trial – If no plea bargain is reached, the case proceeds to trial.
7. Sentencing – Convictions result in fines, jail, license suspension, IID, and treatment.

Although plea deals can sometimes lower penalties, Nebraska normally does not provide DUI diversion programs.

How to Search for DUI Records in Nebraska

Nebraska DUI records are public and can be accessed through multiple systems:

• Nebraska Judicial Branch JUSTICE Case Search: A website for looking up DUI cases by name or case number is the Nebraska Judicial Branch's JUSTICE Case Search.
• Nebraska Department of Motor Vehicles (DMV): The Nebraska Department of Motor Vehicles (DMV) maintains driver histories, including DUI convictions, suspensions, and IID requirements. Drivers can request their own records.
• County Court Clerk Offices: You may get sentencing materials and certified case files in person or by mail at county court clerk offices..
• Nebraska State Patrol: The Nebraska State Patrol keeps track of the state's criminal histories.
• Third-Party Background Check Services: DUI records may be listed by third-party background check services, but they may not be as trustworthy as official sources.

Records typically include BAC levels, conviction status, sentencing details, and license restrictions.

How Long Does a DUI Stay on Your Record in Nebraska?

Nebraska retains DUI convictions for extended periods:

• Criminal Record: Unless removed, a DUI conviction is permanent. DUIs are typically not expungable in Nebraska; however, specific convictions may be subject to set-aside orders.
• Driving Record: DUI convictions are taken into consideration for 15 years of sentencing enhancements, although they stay on a Nebraska driver's record for 5 years for insurance purposes.
• Insurance and Employment: A DUI can result in a three to five-year increase in insurance rates and be permanently apparent to employers.

With increasing penalties ranging from fines and brief jail time for first offenses to substantial prison terms for multiple or serious DUIs, Nebraska enforces strict DUI laws. DUI is the state's official legal phrase for both drug and alcohol impairment. The DMV and Nebraska courts make DUI records available to the public.

Most convictions are permanent; however, some may be overturned. Given the long-term effects of Nebraska's DUI laws, it is imperative that drivers, employers, and researchers understand them.