When someone gets arrested for a second DUI in Nebraska, everything hits harder the second time: more jail time, longer license suspensions, and higher long-term costs.
We see it all the time at Stockmann Law: a driver, often from out of state and pulled over along I-80, is charged with a second DUI and suddenly facing a complex legal maze. They're confused, worried about jail, and not sure if they’ve just lost their license for good.
If that sounds like your situation or someone you care about, this guide breaks down what you need to know right now. No legal jargon. Just clear, real-world info from a firm that’s handled DUI cases all across Nebraska.
Overview of a 2nd DUI in Nebraska
A second DUI in Nebraska means a new DUI charge within 15 years of a prior conviction. If your first DUI occurred within that window, the new charge will be treated as a second offense.
Blood alcohol concentration (BAC) limits under Nebraska law are:
- 0.08 percent or more for standard drivers
- 0.15 percent or more for aggravated DUI charges
- 0.02 percent or more for drivers under 21
The DUI Arrest and Court Process
After a DUI arrest, you will typically be taken to jail and booked. Depending on the situation, you may be released on bond or held until arraignment. Your first court appearance (arraignment) is where charges are formally read and you enter a plea.
Key steps include:
- Booking and possible bail
- Arraignment
- Pretrial hearings
- Plea negotiations or trial
It is critical to act quickly. You have limited time to request a DMV administrative hearing to contest your license suspension—typically within 10 days.
Criminal Penalties
Jail Time
- A second DUI with a BAC under 0.15 percent is classified as a Class W misdemeanor. Mandatory minimum jail time is 30 days. Maximum jail time is 180 days.
- If your BAC is 0.15 percent or higher, or you refuse a chemical test, the charge is considered aggravated. This becomes a Class I misdemeanor with a minimum jail sentence of 90 days and a maximum of 1 year.
- Judges may allow probation in certain cases, but even with probation, there is typically a requirement to serve at least 10 days in jail or complete 240 hours of community service.
Court-Ordered Conditions
- Alcohol assessment is required in nearly all cases. Based on the results, the court may order education classes, treatment, or both.
- Aggravating factors can increase jail time and make probation less likely.
Driver’s License Suspension and Revocation
- For a second DUI conviction in Nebraska, your driver’s license will be revoked for 18 months.
- No driving is allowed during the first 45 days of that period.
- After the 45-day no-driving phase, you may apply for an ignition interlock permit. If granted, you can drive a vehicle that has an ignition interlock device (IID) installed.
- The IID must be used for the remainder of the revocation period.
- In some cases, the court may order your vehicle to be immobilized or impounded. That period can range from 5 days to 8 months depending on the circumstances.
Probation and Alternative Penalties
Probation, when granted, comes with strict conditions. These often include:
- Completion of alcohol education or substance abuse treatment programs
- Attendance at a victim impact panel
- Random drug and alcohol testing
- Community service (typically 240 hours for standard DUI and at least 120 hours for aggravated cases)
Alternatives to jail may include 24/7 sobriety programs, electronic home monitoring, or intensive outpatient treatment—though these depend on local availability and the judge's discretion.
DUI and Drug Impairment
Nebraska DUI laws apply to drug impairment, not just alcohol. This includes illegal drugs, prescription medications, and even over-the-counter substances that impair your ability to drive safely.
In drug-related DUI arrests, officers may use a Drug Recognition Expert (DRE) to evaluate signs of impairment when chemical tests are inconclusive or no alcohol is detected.
Impact on Out-of-State and Commercial Drivers
Nebraska is a member of the Driver License Compact, which means your DUI conviction will follow you home. Your home state may impose its own penalties in addition to Nebraska’s.
If you hold a Commercial Driver’s License (CDL), a second DUI results in a lifetime disqualification—even if the DUI occurred in your personal vehicle and not on the job.
Aggravating Factors and Enhanced Penalties
Certain facts can elevate a second DUI to a more serious offense. These include:
- A BAC of 0.15 percent or higher
- Refusal to take a chemical breath or blood test
- Causing an accident, injury, or property damage while driving under the influence
- Having a child or a minor passenger in the vehicle at the time of the arrest
Conversely, mitigating factors such as voluntary substance abuse treatment, a clean record since the prior offense, or no aggravating circumstances may influence the court’s sentencing decisions.
License Reinstatement and SR-22 Insurance
To get your license reinstated after a second DUI revocation, you must:
- Complete your revocation period
- Maintain an ignition interlock device for the required time
- Provide proof of SR-22 insurance (a certificate of financial responsibility)
- Pay reinstatement fees and meet all other DMV requirements
SR-22 insurance must usually be maintained for three years. Failing to maintain it can result in another suspension.
Long-Term Consequences
The effects of a second DUI go well beyond court penalties:
- Insurance: A second DUI conviction will significantly raise your auto insurance rates. Some insurers may refuse to cover you at all.
- Employment: Jobs that require driving or security clearance may be at risk. Commercial drivers face automatic lifetime disqualification from holding a commercial driver’s license (CDL).
- Background checks: A second DUI appears on criminal and driving records. It can affect job applications, housing, and professional licensing.
- Repeat offenses: A third DUI in Nebraska is a felony, carrying mandatory prison time and harsher license consequences.
- Out-of-state drivers: If you live outside Nebraska, your home state will likely honor the penalties imposed here. This can result in license revocation or additional sanctions in your home state.
How Stockmann Law Fights Second DUI Charges
We’ve defended countless DUI cases, especially along I-80 where troopers and local law enforcement are highly active. Our experience gives us insight into how these cases unfold and where we can intervene.
Our defense strategies include:
- Reviewing the traffic stop: We examine whether the stop was lawful, whether reasonable suspicion or probable cause existed, and whether proper procedures were followed.
- Challenging the test results: We investigate how breath, blood, or urine samples were collected, whether equipment was properly calibrated, and whether testing protocols were followed.
- Examining officer conduct: Errors in the field sobriety tests or police procedures may be grounds for dismissal or suppression of evidence.
- Out-of-state and CDL defense: We work with clients who do not reside in Nebraska and those who depend on their license for work, including commercial drivers.
- Tailored legal strategy: Every DUI case is different. We build custom defenses based on your situation, your record, and the specific facts of your arrest.
Steps to Take Immediately After Arrest
If you’ve been arrested for a second DUI in Nebraska, here’s what to do next:
- Do not answer questions or make statements to police without a lawyer
- Request a DMV hearing within the required timeframe
- Document everything you remember about the arrest
- Save receipts, witness contacts, or video footage if available
- Contact a DUI defense attorney immediately
Resources and Support
If you or a loved one is dealing with a DUI, here are some helpful resources:
- Nebraska Department of Motor Vehicles: dmv.nebraska.gov
- Nebraska Commission on Law Enforcement and Criminal Justice
- SAMHSA National Helpline (for substance abuse treatment): 1-800-662-HELP
- Legal Aid of Nebraska: legalaidofnebraska.org
- Nebraska Alcoholics Anonymous: nebraskaaa.org
Glossary of Terms
Ignition Interlock Device (IID): A breath-testing device installed in a vehicle that prevents it from starting if alcohol is detected
Lookback Period: The 15-year time frame used to determine whether a DUI is a first, second, or subsequent offense
Probation: A court-supervised sentence that allows the defendant to avoid some jail time by complying with specific conditions
Aggravated DUI: A DUI offense involving a BAC of 0.15 percent or higher, refusal to test, or other serious aggravating factors
FAQs About Second DUI Charges in Nebraska
Can you drive at all after a 2nd DUI?
No, not for the first 45 days. After that period, if approved for an ignition interlock permit, you may drive a vehicle equipped with an IID.
Is jail time mandatory for a second DUI?
Yes. Even if the court grants probation, Nebraska law requires that part of the sentence be served either in jail or through community service.
Will I need an ignition interlock device?
Yes. For most second DUI convictions, you are required to install an IID for the duration of your revocation period after the 45-day no-driving period.
What if I live out of state but got my 2nd DUI in Nebraska?
You are still subject to Nebraska's penalties. Your home state may also enforce the suspension and other sanctions under the Driver License Compact. We routinely represent out-of-state drivers facing charges in Nebraska.
Can you fight a 2nd DUI charge?
Yes. Every DUI case has potential legal issues. Police errors, improper testing, lack of probable cause, or rights violations can lead to evidence being thrown out or charges being reduced. The sooner you contact a defense lawyer, the better your chances.
What To Do If You’ve Been Charged with a Second DUI
Here’s what we tell every client:
- Do not talk to police or prosecutors without a lawyer.
- Act quickly. DMV deadlines and court appearances come fast. If you miss them, you lose rights.
- Call Stockmann Law immediately. Early intervention gives us more tools to protect you.
A second DUI charge in Nebraska carries serious consequences, but you don’t have to face them alone. Stockmann Law can help you fight the charges, protect your license, and move forward.
