You see the flashing lights in your rearview mirror, and your stomach drops. Maybe it was one drink too many at dinner or a split-second decision to drive home when you shouldnโt have. Whatever the circumstances, a DUI stop can change your life in an instant.
At Hightower Reff Law, we remind every client that itโs never a good idea to drink and drive โ but we also know good people make mistakes. Understanding what happens when you get a DUI can help you stay calm, make informed decisions, and protect your future.
What Is Considered a DUI in Nebraska?
Under Nebraska law, you can be charged with a DUI if your blood alcohol concentration (BAC) is 0.08% or higher while operating or in physical control of a vehicle. For commercial drivers, the limit drops to 0.04%. An aggravated DUI occurs when your BAC is 0.15% or higher, triggering enhanced DUI penalties.
However, Nebraska DUI laws donโt only apply to alcohol. You can also be charged if youโre impaired by drugs (including prescription or over-the-counter), or even if youโre found asleep in your car while intoxicated โ because Nebraska law defines โoperating or in actual physical controlโ broadly.
DUI Penalties in Nebraska
DUI penalties depend on how many times youโve been convicted:
- 1st Offense: Up to 60 days in jail, $500 fine, 6-month license revocation
- 2nd Offense: 90 daysโ1 year in jail, up to $1,000 fine, 18-month revocation
- 3rd Offense: Up to 1 year in jail, $1,000 fine, 15-year license revocation
- 4th or More: Felony charges, multi-year imprisonment, 15-year revocation
Aggravated DUIs often include ignition-interlock requirements and longer suspensions.
The DUI Process
Being charged with a DUI can feel overwhelming, but understanding the process helps you make informed decisions and avoid common mistakes.
What to Do When You Get a DUI
Get a lawyer right away. Donโt wait until youโve made statements to the police that could hurt your case.
When the stop happens, you have the right to keep your mouth shut โ so keep your mouth shut. Donโt make any statements that could be used against you. That means donโt answer questions. The officer may still give you a ticket or arrest you, but you wonโt be giving them any more evidence to use at trial.
Call a lawyer who knows Nebraska DUI law immediately to help you through the rest of the criminal and DMV process.
Arraignment & Bond
Next in the criminal DUI process is arraignment and bond. If youโve been charged with a felony DUI, youโll be arraigned by a judge within a day or two. Youโll have a formal reading of the charges against you and will enter a plea of guilty, no contest, or not guilty.
If you havenโt consulted with a lawyer who has advised you otherwise, itโs best to plead not guilty at your arraignment, not to make any statements to police or the judge, and GET A LAWYER RIGHT AWAY before you make any decisions or do anything that could affect the outcome of your case.
If you were arrested on a misdemeanor DUI, you can usually bond out right away without seeing a judge to have a bond set. If that happens, or if you were ticketed and released, you will go to court for your arraignment where you will likely plead not guilty.
Frequently Asked Questions About DUIs in Nebraska
What happens when you get a DUI under 21?
Drivers under 21 can be charged with DUI if their BAC is 0.02% or higher. License revocation is automatic, and penalties may include fines, community service, or mandatory classes.
Is a DUI a felony in Nebraska?
A DUI becomes a felony when itโs your 4th offense or higher, or if it causes serious bodily injury or death.
How much time do you get for a DUI?
It depends on the charge level. First offenses may result in probation or a few days in jail, while repeat or aggravated offenses can lead to up to one year or more in jail.
How long after a DUI can you drive?
For most first offenses, your license will be revoked for six months. Some drivers qualify for an ignition interlock permit allowing limited driving during suspension.
How long does a DUI stay on your record in Nebraska?
In most cases, 15 years. Prior offenses can enhance future penalties for that long.
How much to get a DUI expunged?
Nebraska doesnโt allow true โexpungementโ of DUI convictions, but you may be eligible to have your record sealed after a period of good behavior. Costs vary based on filing and attorney fees.
How much does it cost when you get a DUI?
Between fines, court fees, classes, interlock devices, and insurance hikes, a first DUI can cost $7,000โ$10,000 or more.
This article should not be construed as legal advice. Situations are different and itโs impossible to provide legal advice for every situation without knowing the individual facts.
If youโre looking for help with the DUI court process and handling unexpected DUI penalties, the law experts on Hightower Reff Lawโs DUI defense team are here to help you every step of the way. Contact our team today!
