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Topic guideUpdated 2026-02-27

Nebraska DUI Penalties — Fines, Jail & Probation

Common consequences to discuss with counsel.

DUI penalties in Nebraska escalate significantly with each subsequent offense and with aggravating factors like high BAC. Understanding the penalty structure helps you assess the stakes and make informed decisions.

First offense

A first DUI in Nebraska is classified as a Class W misdemeanor.

  • Jail: 7 days (may be served as community service) minimum to 60 days maximum
  • Fine: $0 to $500
  • License suspension: 6 months (BAC < 0.15); 1 year (BAC ≥ 0.15)
  • Substance abuse program: alcohol assessment and possible mandatory treatment required
  • Community service: minimum jail may be served as community service
  • Probation: available

Second offense

  • Jail: 10 days (or 240 hours community service) minimum to 180 days maximum
  • Fine: $500 to $1,000
  • License suspension: 18 months (standard); up to 15 years (aggravated, BAC ≥ 0.15)

Third and subsequent offenses

  • Jail/prison: 30 days (Class W); 180 days (Class IIIA felony if BAC ≥ 0.15 or refusal) minimum to 1 year (Class W); 3 years (Class IIIA felony) maximum
  • Fine: $600 to $10,000
  • License suspension: 15 years
  • Felony threshold: third offense is a felony if BAC ≥ 0.15 or refusal; fourth offense is always a felony

Penalty comparison by offense tier

OffenseJail RangeFine RangeLicense Suspension
First DUI7 days (may be served as community service)–60 days$0–$5006 months (BAC < 0.15); 1 year (BAC ≥ 0.15)
Second DUI10 days (or 240 hours community service)–180 days$500–$1,00018 months (standard); up to 15 years (aggravated, BAC ≥ 0.15)
Third DUI30 days (Class W); 180 days (Class IIIA felony if BAC ≥ 0.15 or refusal)–1 year (Class W); 3 years (Class IIIA felony)$600–$10,00015 years

Lookback period

Nebraska uses a 15 years Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.

Enhanced penalties for aggravating factors

  • BAC ≥ 0.15 (higher offense classification, longer revocation)
  • Refusal of chemical test
  • Prior convictions within 15 years

What these penalties mean in practice

Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.

⚠Penalty ranges are statutory minimums and maximums. The actual sentence depends on the facts, the judge, local practice, and the quality of the defense. An experienced DUI attorney can often identify mitigating factors or procedural issues that affect the outcome.
Prepare for Your Consultation
Quick checklist (DUI)
Dates matter. If you have paperwork, bring it.
Citation or arrest
paperwork
Court dates
or hearing notices
Your timeline of events
(brief)
General preparation tips only. Deadlines vary by facts and jurisdiction.
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Common Questions

Frequently Asked Questions

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