If you're facing a DUI in Nebraska, whether you're local or just passing through on I-80, you need to know exactly how the law works in 2025. The penalties are serious, and the process moves fast.
We see it all the time at Stockmann Law. A driver gets stopped, arrested, and suddenly faces jail, court, and the loss of their license. This guide walks you through Nebraska DUI laws as they stand in 2025: who they affect, what the penalties are, and how our firm can help.
The DUI Arrest Process: Step by Step
- Traffic stop: Often starts with speeding, swerving, or checkpoint stops
- Field sobriety testing: Physical coordination and eye-tracking tests
- Chemical testing: Breath, blood, or urine
- Refusal consequences: Immediate license seizure, one-year revocation
- Arrest and booking: You will be fingerprinted, photographed, and likely spend time in jail until bond is set
Administrative vs. Criminal Penalties
- Administrative (DMV): Handled through the Nebraska Department of Motor Vehicles. Includes license suspension and IID eligibility
- Criminal (Court): Covers jail, probation, and mandatory treatment. These penalties come from your court case, not the DMV
- Timeline: You must request a DMV hearing within 10 days of arrest or lose your license automatically
DUI in Nebraska: What It Legally Means in 2025
A DUI in Nebraska does not just mean alcohol. It also includes drug impairment from illegal drugs, prescription medications, and even over-the-counter products.
Here is what counts:
- Standard drivers: BAC of 0.08 percent or higher
- Aggravated DUI: BAC of 0.15 percent or higher
- Commercial drivers (CDL): BAC of 0.04 percent or higher
- Drivers under 21: BAC of 0.02 percent or higher
Even if you are under the limit, you can still be charged if you show signs of impairment. That is called an impairment-based DUI.
DUI and Prescription or Legal Drugs
Nebraska law does not distinguish between legal and illegal drugs when it comes to DUI. If a substance impairs your ability to drive, regardless of whether it is prescribed, you can be charged.
- Common causes: Prescription painkillers, anxiety medications, cold medicine
- DREs (Drug Recognition Experts): Officers trained to evaluate drivers suspected of drug impairment, even if BAC is zero
First Time DUI Penalties in 2025
- Jail time: 7 to 60 days (minimum 7 days if BAC is 0.15 percent or more)
- License revocation: 6 months (or 1 year if aggravated)
- Probation: May be granted in place of jail time
- IID requirement: Mandatory to regain limited driving privileges
- SR 22 insurance: Required for license reinstatement
- Alcohol education or treatment: Court ordered in most cases
Second or Subsequent DUI Offenses
- Second DUI: 30 to 180 days in jail (90 days minimum if aggravated), 18-month license revocation, longer IID, court-mandated treatment
- Third DUI: Felony charges likely, 90 days to 1 year in jail, 15-year license revocation
- Fourth or more: Felony, prison time, and long term license loss
If you hold a CDL, a second DUI results in permanent disqualification even if it happened in a personal vehicle.
License Suspension and Ignition Interlock in 2025
- The DMV process is separate from your court case
- You have 10 days after arrest to request a hearing to challenge license suspension
- First offense is a 6 month revocation
- Second offense is 18 months with a 45 day no driving period
- IID required for most drivers to regain limited driving rights
- Out of state drivers: your home state will likely enforce the same suspension through the Driver License Compact
Felony DUI and Enhanced Penalties
A DUI becomes a felony in Nebraska if:
- It is your third or subsequent offense within 15 years
- There is a serious injury or fatal crash
- You had a child in the vehicle while impaired
Felony consequences:
- Prison time
- Extended license revocation (up to 15 years)
- Loss of firearm rights, voting restrictions, and permanent criminal record
DUI with Aggravating Factors
Aggravating factors in a Nebraska DUI include:
- BAC of 0.15 percent or higher
- Test refusal
- Minors in the vehicle
- Causing injury or death
These lead to higher minimum jail times, longer license suspensions, and a higher chance of felony charges.
Probation, Community Service, and Alternative Sentences
In some cases, the court may allow alternatives to jail:
- Probation: Must still include some jail or community service
- Community Service: Often used instead of a full jail term
- 24/7 Sobriety Programs or Electronic Monitoring may be available in certain counties
Ignition Interlock Device (IID) Updates for 2025
- Under LB97, most DUI offenders must install an IID to regain any driving privileges
- Violations: Missed tests or tampering can extend IID time or revoke privileges
SR 22 Insurance and Financial Impact
SR 22 is proof of high risk insurance. It is required after a DUI and must be maintained for 3 years.
- Affects insurance rates and coverage options
- Missed payments may cancel your license reinstatement
DUI Courts and Problem Solving Courts
Nebraska offers specialized DUI courts for repeat or high risk offenders. These focus on treatment and rehabilitation, not just punishment.
- Intensive supervision
- Frequent drug testing
- Regular court appearances
Underage DUI: Zero Tolerance in 2025
- Drivers under 21 with a BAC of 0.02 percent or higher can be charged under Nebraska's zero tolerance law
- Penalties include license suspension, alcohol education, and possible ignition interlock
DUI and Commercial Drivers (CDL)
- BAC limit: 0.04 percent
- First DUI means a 1 year CDL disqualification
- Second DUI means lifetime disqualification (no matter what vehicle you were driving)
- CDL holders face job loss and federal restrictions
Out of State Drivers and the Driver License Compact
- Nebraska shares DUI conviction data with other states
- Your home state will likely suspend your license if Nebraska does
- Stockmann Law helps out-of-state drivers navigate both Nebraska and their home state laws
DUI Expungement and Record Sealing
Nebraska does not allow expungement of DUI convictions. Once convicted, it stays on your record permanently.
- May affect jobs, housing, or professional licensing
- Some charges may be reduced before conviction. Ask your attorney
DUI Myths and Common Mistakes
- “I cannot be charged if I refuse the test” is false. Refusal leads to automatic license suspension
- “First DUI is not serious” is false. It is a criminal charge with long-term effects
- “I can talk my way out of it” is false. Anything you say may be used against you
What To Do Immediately After a DUI Arrest
- Do not talk to police or prosecutors without an attorney
- Request your DMV hearing within 10 days
- Save all paperwork and write down what happened
- Call a DUI defense lawyer right away
Resources for Support and Treatment
- Area 41 Alcoholics Anonymous: area41.org
- SAMHSA National Helpline: 1-800-662-HELP
- Legal Aid of Nebraska: legalaidofnebraska.org
- Nebraska DUI Courts Directory: supremecourt.nebraska.gov
Recent and Upcoming Changes in Nebraska DUI Law
- LB97 expands IID requirements and streamlines access for offenders
- Strategic Plan 2025 emphasizes rural enforcement, drug testing, and data collection
- Mobile breath units and increased checkpoint activity on I-80 corridors
How Stockmann Law Defends DUI Charges
Our firm focuses on defending DUI charges throughout Nebraska, especially along I-80. We have handled cases from first time arrests to felony level repeat offenses.
We look at:
- Whether the traffic stop was legal
- Whether field sobriety and chemical tests were done properly
- Whether the officer had probable cause
- Whether you were properly advised of your rights
We have helped out of state drivers, commercial drivers, and locals protect their records and fight back.
FAQs About Nebraska DUI Laws
Is a first DUI still a misdemeanor in 2025?
Yes. Most first DUIs are Class W misdemeanors, unless it involves serious injury or aggravating factors.
How long will I lose my license after a DUI?
For a first offense, 6 months to 1 year. For repeat offenses, up to 15 years depending on the situation.
Can I refuse a breath test in Nebraska in 2025?
You can refuse, but it triggers automatic license suspension and may be used against you in court. It is also a separate administrative offense.
Do DUI laws apply to marijuana or prescription drugs?
Yes. If you are impaired, even by legal medication, you can be charged. Officers may use DRE evaluations if alcohol is not present.
What should I do immediately after a DUI arrest in Nebraska?
Do not speak to the police. Request your DMV hearing within 10 days. Call a DUI lawyer before appearing in court or talking to prosecutors.
Can Stockmann Law help if I live out of state but got arrested here?
Yes. We regularly defend out of state drivers arrested in Nebraska, especially along I-80. We will work to protect your license both here and at home.
What To Do After a DUI Arrest in Nebraska
Do not assume it is just a traffic ticket. DUI is a criminal charge that follows you and your license wherever you live.
- Do not talk to law enforcement without a lawyer
- Request your DMV hearing quickly
- Do not ignore court dates
- Call Stockmann Law immediately
Facing a DUI charge in Nebraska? Our firm is ready to help you understand what is next, protect your license, and fight for your future.
