Nebraska lawDui

DUI Penalties in Nebraska

September 28, 2026 · LawDiver Research Team

BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor Class W with fines, possible jail, license revocation, and ignition-interlock eligibility. Felony threshold: A third DUI within 15 years can be a felony; DUI causing serious injury/death can also be a felony. That is what separates Nebraska DUI penalties from a generic national summary. Read Neb. Rev. Stat. § 60-6,196 before the background sections below. Lookback: Prior DUI convictions within 15 years enhance penalties.. Ignition interlock: Ignition interlock is commonly required for reinstatement after DUI.

Lookback window for prior offenses

Prior DUI convictions within 15 years enhance penalties.

First-offense penalties

First-offense DUI is typically a misdemeanor Class W with fines, possible jail, license revocation, and ignition-interlock eligibility.

When a Nebraska DUI becomes a felony

A third DUI within 15 years can be a felony; DUI causing serious injury/death can also be a felony.

A concrete Nebraska scenario

Here is one way the Nebraska pieces fit together. Change any fact and the statute may point somewhere else.

A driver in Nebraska is charged with a first impaired-driving offense and wants to know what the statute actually sets.

Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Read the first-offense range: First-offense DUI is typically a misdemeanor Class W with fines, possible jail, license revocation, and ignition-interlock eligibility.
Ask when the charge becomes a felony: A third DUI within 15 years can be a felony; DUI causing serious injury/death can also be a felony. Lookback: Prior DUI convictions within 15 years enhance penalties.
Interlock: Ignition interlock is commonly required for reinstatement after DUI.

Nebraska DUI under § 60-6,196 proceeds in county court with parallel DMV administrative license revocation. Defense reviews the stop and DataMaster record.

Ignition interlock and license consequences

Ignition interlock is commonly required for reinstatement after DUI.

How a typical Nebraska DUI case unfolds

Nebraska DUI under § 60-6,196 proceeds in county court with parallel DMV administrative license revocation. Defense reviews the stop and DataMaster record.

Case law: DUI penalties in Nebraska

State of Nebraska, Appellee, v. James Michael Howard, Appellant

State of Nebraska, Appellee, v. James Michael Howard, Appellant, 253 Neb. 523 (1997)

…o submit to a preliminary breath test and of second-offense driving under the influence of alcohol, both in violation of Neb. Rev. Stat. § 60-6,197 (Reissue 1993), and of reckless driving, in violation of Neb. Rev. Stat. § 60-6,213 (Reissue 1993). The district court affirmed. The Nebraska Court of Appeals affirmed the refusal to submit and driving under the influence conviction…

Practitioners open State of Nebraska, Appellee, v. James Michael Howard, Appellant when Nebraska DUI penalties turns on the distinction in this sentence: "Neb. Rev. Stat. § 60-6,197 (Reissue 1993), and of reckless driving, in violation of Neb. Rev. Stat. § 60-6,213 (Reissue 1993). The district court affirmed." Do not lift it out of the facts the court was deciding.

STATE of Nebraska, Appellee, v. Danny J. MCGINN, Appellant.

STATE of Nebraska, Appellee, v. Danny J. MCGINN, Appellant., 928 N.W.2d 391 (2019)

…the district court's decision affirming his conviction for driving under the influence, second offense, in violation of Neb. Rev. Stat. § 60-6 ,196 (Reissue 2010). The district court determined the county court erred in admitting breath test evidence but affirmed the conviction by finding there was sufficient evidence to support McGinn's conviction. The State has not appealed…

On DUI penalties, STATE of Nebraska, Appellee, v. Danny J. MCGINN, Appellant. speaks to the Nebraska dispute in this passage: "Neb. Rev. Stat. § 60-6 ,196 (Reissue 2010). The district court determined the county court erred in admitting breath test evidence but affirmed the conviction by finding there was sufficient evidence to support McGinn's conviction." The surrounding opinion shows how the court applied that language to the record.

State v. Rothenberger

State v. Rothenberger, 294 Neb. 810 (2016)

…a prerequisite to a finding of probable cause to arrest for driving under the influence of drugs. When determining whether probable cause exists to arrest a suspect for driving under the influence of drugs, the same familiar, commonsense principles which govern all arrests apply. 10. ____: ____: ____: ____. Neither drug recognition expert certification nor a completed drug reco…

Practitioners open State v. Rothenberger when Nebraska DUI penalties turns on the distinction in this sentence: "When determining whether probable cause exists to arrest a suspect for driving under the influence of drugs, the same familiar, commonsense principles which govern all arrests apply. 10. ____: ____: ____: ____." Do not lift it out of the facts the court was deciding.

State of Nebraska, Appellant, v. Rodolfo C. Falcon, Appellee

State of Nebraska, Appellant, v. Rodolfo C. Falcon, Appellee, 260 Neb. 119 (2000)

…rmack, J. NATURE OF CASE Rodolfo C. Falcon was charged with driving under the influence of alcohol or drugs, in violation of Neb. Rev. Stat. § 60-6,196 (Reissue 1998). Trial was held to the county court on stipulated facts. The county court found Falcon not guilty. The State filed a notice of intent to appeal with the district court, pursuant to Neb. Rev. Stat. § 29-2317 (Reiss…

State of Nebraska, Appellant, v. Rodolfo C. Falcon, Appellee is worth reading on Nebraska DUI penalties because the court put the point in its own words: "J. NATURE OF CASE Rodolfo C. Falcon was charged with driving under the influence of alcohol or drugs, in violation of Neb. Rev. Stat. § 60-6,196 (Reissue 1998). Trial was held to the county court on stipulated facts. The county court found Falcon not guilty." Use that passage as the starting point, then read the facts that precede it.

State of Nebraska, Appellant, v. Melvin J. Rice, Appellee

State of Nebraska, Appellant, v. Melvin J. Rice, Appellee, 269 Neb. 717 (2005)

…after a conviction on February 19, 2002, for third-offense driving under the influence. Through a plea agreement, the original charge from the August 11, 2003, arrest, a Class III felony, was amended to driving during revocation, a Class IV felony, to which Rice pled guilty. Previous Convictions. Rice’s record shows the following pertinent convictions: July 1972 — convicted of…

Practitioners open State of Nebraska, Appellant, v. Melvin J. Rice, Appellee when Nebraska DUI penalties turns on the distinction in this sentence: "February 19, 2002, for third-offense driving under the influence. Through a plea agreement, the original charge from the August 11, 2003, arrest, a Class III felony, was amended to driving during revocation, a Class IV felony, to which Rice pled guilty. Previous Convictions." Do not lift it out of the facts the court was deciding.

State of Nebraska, Appellee, v. Daryl B. Anderson, Appellant

State of Nebraska, Appellee, v. Daryl B. Anderson, Appellant, 269 Neb. 365 (2005)

…from his conviction for causing serious bodily injury while driving under the influence of alcohol during a September 25, 2002, motor vehicle accident with Jaime Hillman. Anderson raises issues related to the jury instructions given at his trial, the sufficiency of the evidence to support his conviction, and the voir dire of prospective jurors. II. BACKGROUND Anderson was charg…

Nebraska opinions such as State of Nebraska, Appellee, v. Daryl B. Anderson, Appellant are cited where DUI penalties is disputed. The court stated: "September 25, 2002, motor vehicle accident with Jaime Hillman. Anderson raises issues related to the jury instructions given at his trial, the sufficiency of the evidence to support his conviction, and the voir dire of prospective jurors. II." That is the language to brief; the rest of the decision supplies the procedural posture.

W. Ben Snyder, Appellee, v. Department of Motor Vehicles, an Administrative Agency of the State of Nebraska, Appellant

W. Ben Snyder, Appellee, v. Department of Motor Vehicles, an Administrative Agency of the State of Nebraska, Appellant, 274 Neb. 168 (2007)

…ng. The officer ultimately arrested Snyder for suspicion of driving under the influence. After transporting him to police headquarters, the officer read Snyder a postarrest chemical test advisement. Snyder then submitted to a chemical test of his breath via an Intoxilyzer 5000 machine. The chemical test showed a blood alcohol concentration over the legal limit. On October 12, 2…

Practitioners open W. Ben Snyder, Appellee, v. Department of Motor Vehicles, an Administrative Agency of the State of Nebraska, Appellant when Nebraska DUI penalties turns on the distinction in this sentence: "The officer ultimately arrested Snyder for suspicion of driving under the influence. After transporting him to police headquarters, the officer read Snyder a postarrest chemical test advisement. Snyder then submitted to a chemical test of his breath via an Intoxilyzer 5000 machine." Do not lift it out of the facts the court was deciding.

Key takeaways

BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback period: Prior DUI convictions within 15 years enhance penalties.
First-offense range: First-offense DUI is typically a misdemeanor Class W with fines, possible jail, license revocation, and ignition-interlock eligibility.
Felony threshold: A third DUI within 15 years can be a felony; DUI causing serious injury/death can also be a felony.
Ignition interlock: Ignition interlock is commonly required for reinstatement after DUI.
Primary authority: Neb. Rev. Stat. § 60-6,196.

Blood alcohol limits in Nebraska

0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21

Frequently asked questions

What is the legal BAC limit in Nebraska?