Nebraska law enforcement can arrest a motorist for driving under the influence if the officer has observed the driver behaving erratically and/or the driver has a blood alcohol content of 0.08% or higher. Penalties for this conviction depend on any prior DUI charges as well as the exact BAC level at the time of the arrest.

Those facing a Nebraska DUI charge may benefit from exploring the potential legal consequences of a conviction.

First DUI offense

Drivers who have never had a DUI conviction may receive fines of up to $500 and between seven and 60 days in jail. Some offenders may be eligible for a suspended sentence, which includes 60 days probation in lieu of jail time for a BAC of 0.08% to 0.15%. If the BAC was higher than 0.15% at the time of the arrest, the driver could receive probation plus a minimum of two days in jail or 120 hours of community service. This elevated BAC also results in a mandatory one-year license suspension. If the BAC was less than 0.15%, the driver will receive a six-month suspension with a possible reduction to 60 days.

Second DUI offense

If there has been another DUI charge within 15 years of the first charge, fines increase to $1,000 if the BAC was higher than 0.15%. An elevated BAC also carries a minimum of 30 days and up to one year in jail. For BAC of less than 0.08%, the penalty is a minimum of 10 days in jail or 240 hours of community service with a suspended sentence or up to six months in jail. License revocation for a second offense ranges from six months to 15 years depending on the factors of the case.

Drivers with a third or subsequent DUI conviction within 15 years of the original offenses will receive a minimum of 30 days in jail. They could receive up to three years in jail and fines of up to $10,000.