If you or someone you care about has just been charged with an aggravated DUI in Nebraska, you’re likely overwhelmed - and rightly concerned. This isn’t treated like a “simple” DUI. Prosecutors take it seriously. Penalties are harsher. And the long-term consequences can be severe.
Our firm sees this time and time again - especially with drivers stopped along I-80 or dealing with unexpected aggravating factors. In this guide, we break down what makes a DUI charge “aggravated” under Nebraska law, how it differs from a standard DUI, and what defenses might apply.
What Is an Aggravated DUI in Nebraska?
Under Nebraska law, a DUI becomes “aggravated” when certain high-risk factors are present. These factors trigger enhanced penalties, often including longer jail time, steeper sanctions, and felony-level charges.
Common aggravating factors include:
- BAC of 0.15% or higher
- Injury or death caused while driving under the influence
- A child under 16 in the vehicle
- Driving with a suspended or revoked license
- Refusing a chemical test
- Repeat DUI offenses within the 15-year lookback window
- High-speed crashes or reckless driving
Don’t assume it’s just another DUI. If any of these apply to your case, the stakes are significantly higher.
Standard DUI vs. Aggravated DUI: Key Differences
| Factor | Standard DUI | Aggravated DUI |
| BAC threshold | 0.08% or higher | 0.15% or higher |
| Child in vehicle | No | Child under 16 triggers enhancement |
| License status | Valid | Suspended/revoked = aggravating factor |
| Refusal to test | No | Yes = automatic aggravation |
| Penalty tier | Misdemeanor (1st & 2nd) | Misdemeanor or felony (depends on circumstances) |
| Potential jail time | 7–60 days (1st offense) | Longer periods are possible depending on severity |
| License revocation | 6 months to 18 months | 1 to 15 years, depending on severity |
Penalties for Aggravated DUI in Nebraska
Aggravated DUI charges carry harsher penalties than a standard DUI. Here’s what to expect based on your offense history and the circumstances:
First Offense (Aggravated)
- Jail: Mandatory jail time or at least 2 days if probation is granted
- Community Service: At least 120 hours if jail is waived via probation
- License revocation: Minimum of 1 year
- Ignition Interlock Device (IID): Required for reinstatement
Second Offense (Aggravated)
- Jail: At least 30 days in jail even with probation
- License revocation: Can extend up to 15 years depending on prior record and case details
If the DUI caused injury or death:
- Felony charges: Class IIIA or higher based on severity
- Prison time: Multi-year sentences are likely
- Permanent license consequences
- Potential for civil litigation
Other court-ordered conditions:
- Probation (if eligible)
- Mandatory alcohol assessment and treatment
- Community service
The Aggravated DUI Arrest Process: What to Expect
- Traffic Stop: Officer must have reasonable suspicion to stop the vehicle.
- Field Sobriety & Chemical Testing: Tests are conducted roadside or at a station. Refusal can be an aggravating factor.
- Arrest & Booking: You may be taken to jail until bail is set.
- Arraignment: You’ll appear in court, hear the formal charges, and enter a plea.
The Role of Expert Witnesses in Aggravated DUI Defense
- Toxicologists and Field Sobriety Experts: May testify on flawed testing methods or equipment errors.
- Medical Professionals: Can offer insight into conditions that mimic impairment.
- Chain of Custody: Defense may challenge how blood or breath samples were handled.
Plea Bargains and Charge Reductions
- Negotiation: In some cases, aggravated DUI may be negotiated down to a standard DUI or another offense like reckless driving.
- Alternatives to Jail: Probation, community service, and alcohol treatment may replace jail time in certain cases.
Ignition Interlock Device (IID) Requirements and Violations
- Required Post-Conviction: IID must be installed to regain driving privileges.
- Violations: Attempting to bypass or tamper with the device can trigger new charges or extend revocation.
Commercial Drivers (CDL) and Aggravated DUI
- Second Offense = Permanent Loss: Even if the DUI occurs in a personal vehicle.
- Employment Loss: Trucking and transportation employers often terminate after one DUI conviction.
Out-of-State Drivers and Interstate Consequences
- Driver License Compact: Nebraska reports DUI convictions to your home state.
- Home State Penalties: License suspensions and insurance increases may still apply.
Immigration and International Travel Consequences
- Non-Citizens: DUI convictions may lead to visa denial or deportation.
- Travel Restrictions: Countries like Canada often deny entry for recent aggravated DUI convictions.
Recent Legal Trends and Legislative Updates
- Stricter Penalties: Nebraska has increased focus on high BAC cases and added IID requirements in recent years.
- Technology: Law enforcement now uses mobile testing and Drug Recognition Experts more widely, especially on I-80.
What to Do Immediately After an Aggravated DUI Arrest
- Don’t speak to police without a lawyer present.
- Request a DMV hearing quickly to challenge license suspension.
- Write down everything you remember from the stop.
- Hire a qualified DUI defense attorney immediately.
Defending Against Aggravated DUI Charges
An aggravated DUI charge isn’t unbeatable. We’ve helped people just like you push back - and reduce or dismiss charges entirely in the right circumstances.
Legal defenses may include:
- Challenging the accuracy of the BAC or chemical test
- Arguing the traffic stop lacked legal justification
- Disputing the presence of aggravating factors
- Uncovering procedural or constitutional errors
- Negotiating the charge down to a standard DUI
Our firm has extensive experience with aggravated DUI cases involving I-80 stops, commercial drivers, and high-BAC arrests. We know how prosecutors operate - and we know how to challenge them.
Frequently Asked Questions
What if I refused the breath or blood test?
In Nebraska, refusal to submit to a chemical test is treated as an aggravating factor. You may still be charged with DUI, and refusal brings its own penalties including license revocation.
Can an aggravated DUI be reduced to a standard DUI?
In some cases, yes. If we can dispute the aggravating factor (for example, prove the BAC was below 0.15% or challenge the traffic stop), we may be able to negotiate a reduction.
What happens if there was a child in the car?
Having a child under 16 in the vehicle turns a standard DUI into an aggravated offense, which may bring mandatory jail time and trigger child endangerment charges.
Will I lose my CDL for an aggravated DUI?
Very likely. A second DUI (even in your personal vehicle) can result in permanent CDL disqualification under federal law.
Is probation possible, or will I have to go to jail?
Probation may be an option depending on your record and the judge’s discretion, but many aggravated DUIs carry mandatory minimum jail time or community service.
Why You Need an Experienced DUI Attorney
Aggravated DUI cases are complex, and the penalties are steep. Prosecutors will push for maximum consequences, but you still have options.
Our firm sees this all the time. We’ve helped drivers across Nebraska - and especially along the I-80 corridor - protect their future and avoid life-changing convictions.
Facing an aggravated DUI charge in Nebraska? You still have options. Our team has helped drivers across the state fight serious charges - and we’re ready to help you too.
