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DUI law in Nebraska
The criminal charge and your driving privileges are separate questions. Check both.
DUI law in Nebraska concerns both the criminal charge and the right to drive. The applicable licence process depends on the alleged conduct, test result or refusal, and the notice or court order. A criminal court date is not a substitute for checking a separate licence deadline. The cited rules below identify what has been verified for this jurisdiction.
The two legal questions
The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.
Driving privileges
The licence case
- Forum
- The agency or court identified by the applicable licence proceeding
- Clock
- Check the applicable notice or order for the deadline and its starting event
- Deadline to request a hearing
- Deliver or postmark the administrative hearing petition within 10 days after arrest when the officer serves the notice, or within 10 days after mailing when DMV later mails the notice.
- These are different statutory triggers. Read the notice to identify which applies; the 15-day revocation start is not the request deadline.
- Suspension under the cited rule
- For an alcohol test-failure administrative revocation: 180 days without a final prior administrative revocation in the preceding 15 years; otherwise 1 year.
- Refusal carries a separate one-year revocation. Restricted-permit rules and statutory dismissal/reinstatement grounds can affect driving privileges.
- Hearing procedure under the cited rule
- Complete the administrative license revocation petition and deliver it to DMV or have it postmarked within the applicable 10-day period.
- A hearing petition does not automatically stay revocation.
- Applying for an ignition-interlock permit waives the administrative hearing. Petitioning for the hearing makes the person ineligible for an interlock or 24/7 sobriety permit unless ordered at sentencing.
Criminal charge
The criminal case
- Forum
- A criminal court
- Clock
- Check court notices and orders; no case duration is predicted here
- Alcohol-concentration threshold
- 0.08 grams or more per 100 mL of blood, or per 210 L of breath, while operating or in actual physical control of a motor vehicle.
- First-offense penalty rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.
- Lookback period
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Alcohol-concentration thresholds in Nebraska
The cited provision controls the threshold’s scope. Underage and commercial rules can concern licensing as well as criminal liability; they are not all the same offense.
- Standard drivers
- 0.08 grams or more per 100 mL of blood, or per 210 L of breath, while operating or in actual physical control of a motor vehicle.
- Operating a commercial motor vehicle
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Under-21 rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Nebraska in detail
8 further Nebraska topics — interlock, hardship licences, drug DUI, felony DUI, underage, commercial drivers, checkpoints and record relief — are part of the approved taxonomy and are not built yet.