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Nebraska DUI Information
"Per Se" BAC Level: 0.8"Zero Tolerance" BAC Level: 0.2
Enhanced Penalty BAC Level:.15
"Implied Consent" Law: yes
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Administrative License Suspension/Revocation (1st/2nd/3rd Offense) :90d/ 1y/ 1y
Mandatory Alcohol Education and Treatment/Assessment: No
Vehicle Confiscation Possible?: No
Ignition Interlock Device Possible?: Yes
The consequences for losing the DUI ALR Hearing are as follows:
First Offense - 90 day suspension with a work permit available after the first 30 days.
Second and subsequent Offense - 1 year suspension with no work permit.
License Suspensions in Criminal Court:
In addition to the ALR suspensions as outlined, a conviction in criminal court will result in an additional suspension of your Nebraska driving privileges following a conviction for Nebraska DUI:
First Offense: 60 days with probation, or 6 months if you are sentenced to jail.
Second Offense: 1 year with probation & the same if you are sentenced to jail.
Third Offense: 1 year with probation and 15 years if you are sentenced to jail.
Fourth Offense: 1 year with probation & 15 years if you are sentenced to jail.
However, some criminal courts allow you to drive for all purposes if you have an ignition interlock device installed on your car. This is a portable breath-testing device that tests you for alcohol consumption each time you start your car and periodically while driving. It’s cumbersome and intrusive, but it does allow you to drive. Not all courts authorize this device.
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Criminal Court Consequences
Nebraska DUI laws provide for additional punishment beyond the driver’s license consequences as outlined above. The amount of punishment will vary considerably, depending upon whether this is a first-, second-, or third-offense DUI.
Nebraska DUI First Offense
Maximum: sixty days imprisonment and five hundred dollars fine.
Mandatory minimum: seven days imprisonment and four hundred dollars fine.
Nebraska DUI Second Offense
Maximum: ninety days imprisonment and five hundred dollars fine.
Mandatory minimum: thirty days imprisonment and five hundred dollars fine.
Nebraska DUI Third Offense
Maximum: one year imprisonment and six hundred dollars fine.
Mandatory minimum: ninety days imprisonment and six hundred dollars fine.