Nebraska DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
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
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 7 days (may be served as community service)–60 days | $0–$500 | 6 months (BAC < 0.15); 1 year (BAC ≥ 0.15) | |
| Second DUI | 10 days (or 240 hours community service)–180 days | $500–$1,000 | 18 months (standard); up to 15 years (aggravated, BAC ≥ 0.15) | |
| Third DUI | 30 days (Class W); 180 days (Class IIIA felony if BAC ≥ 0.15 or refusal)–1 year (Class W); 3 years (Class IIIA felony) | $600–$10,000 | 15 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.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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