Frequently Asked Questions About DUI in Nebraska (Answered by a Former Prosecutor)

If you’ve been charged with Driving Under the Influence (DUI) in Nebraska, you likely have urgent questions. Below, we’ve compiled answers to the most common questions we hear from clients. This guide is designed to give you clear, authoritative information while helping you make informed decisions.

1. What Is the Legal Limit for DUI in Nebraska?

In Nebraska, you can be charged with DUI if:

Your Blood or Breath Alcohol Concentration (BAC) is .08% or higher.
You are under the influence of alcohol or drugs, even if your BAC is below 0.08%.
For commercial drivers, the legal limit is 0.04%.
For drivers under 21, any BAC over 0.02% can result in penalties.

2. What Happens at My First DUI Offense?

A first-offense DUI in Nebraska is generally a Class W misdemeanor, punishable by:

Up to 60 days in jail (minimum 7 days if not placed on probation).
$500 fine.
License revocation for 6 -12 months (12 months if BAC is .15 or higher or you refused to submit to an alochol test).
Possible ignition interlock device installation.

3. Will I Lose My License Immediately After a DUI Arrest?

If you fail or refuse a chemical test:

The Administrative License Revocation (ALR) process begins immediately. However you are typically give a 15 day temporary license by law enforcement.
You have 10 days to request a hearing to contest the suspension.
Many drivers qualify for an Ignition Interlock Permit during suspension.

4. What If I Refuse the Breath or Blood Test?

Refusal to submit to a chemical test is a separate violation under Nebraska’s implied consent law:

Automatic license revocation for 1 year. You will also face a mandatory period of 90 days with no driving once your temporary license expires.
You may still face DUI charges based on officer observations and other gathered evidence.

5. Can I Fight a DUI Charge in Nebraska?

Yes. Common defense strategies include:

Challenging the traffic stop – Was there reasonable suspicion? Were you driving or in actual physical control of the vehicle?
Questioning field sobriety tests – Were they administered properly?
Attacking chemical test accuracy – Was the device calibrated? Was the sample handled correctly?

Every case is unique, so it’s critical to consult an attorney experienced in DUI defense.

6. How Long Does a DUI Stay on My Record?

In Nebraska:

A DUI conviction remains on your driving record for 15 years for purposes of enhancement.
It becomes part of your criminal record permanently, unless set aside under specific conditions.

7. Should I Plead Guilty to a DUI?

Never plead guilty without understanding the consequences. A conviction can affect:

Your driver’s license
Your job, especially if driving is required
Insurance premiums
Future charges (prior convictions enhance penalties)

An experienced DUI attorney can review your case and explore defenses or diversion options.

8. What Should I Do Next?

If you’ve been charged with DUI, act quickly:

Discuss the potential license ramifications immediately with an experienced attorney.
Gather your paperwork and call a lawyer immediately.

At Miltenberger Law Offices, we bring over 15 years of experience (including 11 years as a prosecutor) to fight for your future.

Call Us Today: (402) 341-3400

24/7 Availability & Free Initial Consultation

Frequently Asked Questions About DUI in Nebraska

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