DUI Laws in Nebraska

Nebraska Flag

SUMMARY OF THE NEBRASKA DRIVING WHILE INTOXICATED STATUES COMMON ACRONYM(S) USED TO DESCRIBE "DRUNK DRIVING": DUI, DWI PROHIBITED VEHICULAR ACTIVITY: Operate or be in actual physical control of a motor vehicle.

COVERED VEHICLES OR DEVICES: A motor vehicle shall mean every self propelled land vehicle except mopeds or self-propelled chairs.

COVERED LOCATIONS: The operation of a vehicle upon a highway or anywhere throughout the state except for private property which is not open to public access.

IMPAIRED DRIVING OFFENSE: Under the influence of alcoholic liquor. Under the influence of any drug. Driving when a person has a concentration of .08 or more.

DEGREE OF IMPAIRMENT REQUIRED: The operator of a motor vehicle is under the influence of an intoxicating liquor if he has so lost the control of his body or his mental faculties as to impair to an appreciable degree his ability to operate his motor vehicle in a manner that no ordinary prudent and cautious man in the full possession of his faculties would operate it.

PENALTIES FOR IMPAIRED DRIVING OFFENSES:

See Chart

STATUTORY DRUNK DRIVING PRESUMPTIONS:

.08 or more, or driving under the influence of alcohol or any drug.

IMPLIED CONSENT LAWS:

Tests permitted: Blood, breath, urine or any combination thereof, at the request of the law enforcement agency.

TYPE OF ADVISEMENT:

Shall be advised that refusal to submit to a test or tests is a separate crime for which the person may be charged.

PENALTIES FOR REFUSAL:

See Chart

ADMISSIBILITY OF REFUSAL: ADMISSIBLE

Administrative License Revocation: Immediate seizure of license to commence 30-days after arrest unless a hearing is requested.

Under a first offense: Within a 12-year period, 90-days suspension. After 30-days, the motorist may request an Ignition Interlock device and/or a work permit. Under a second offense or a refusal: A one year suspension of your license.

BLOOD-DRAWING STATUE:

Blood may be withdrawn from a person that must have a valid permit from the Department of Health and Human Services Regulations and Licensor, except that physicians, register nurses or other trained persons employed in a licensed care facility or health care service to withdraw blood for scientific purposes may do so.

INDEPENDENT TEST STATUTE:

The motorist may request an independent test at their expense after the completion of any tests requested by the law enforcement. Law enforcement may not hinder said request, but in no way needs to assist or facilitate in obtaining the tests.

PLEA BARGAINING STATUTE: None IN THE EVENT A PERSON IS A MINOR DRIVING UNDER THE INFLUENCE: A person under 21 years of age shall not drive a motor vehicle when they have BAC of .02 or above. Maximum of $100 fine and license impoundment of 30-days. A REFUSAL OF A MINOR: Maximum $100 fine and impoundment of license for 90-days.

http://www.dmv.state.ne.us http://www.nebraska.gov/courts/calendar/index.cgi

FIND AN ATTORNEY

Enter your city, state, or Zip code below to locate a qualified attorney who has demonstrated a commitment to defend those accused of DUI and related crimes.

FIND AN ATTORNEY

FROM OUR BLOG

...and then, suddenly, it changed everything!

01/10/2023

By Andrew Mishlove The art of storytelling is the primary skill of a trial lawyer. The old paradigm that we argue cases in court is misleading. The adversarial system is a storytelling contest. Facts, science, and logic inform our stories, but the story is the thing. So, what is a story? A story is a narrative that resonates with the listener because...

The NCDD Amicus Committee

12/01/2022

By NCDD The National College for DUI Defense (NCDD) Amicus and Research Committee was formally created in 2002. The NCDD Amicus and Research Committee files amicus briefs as ‘friends of the court' in important appellate cases that involve the rights and privileges of persons accused of impaired driving offenses nationwide. Many of the nation's top impaired driving attorneys volunteer their time...

Back to Top