Second Offense DUI in Nebraska

Sections 60-6,197.02 through 60-6,197.08 of the state’s statutes establish the penalties for a second DUI in Nebraska. Potential penalties include imprisonment, fines, community service requirements and the requirement to install an ignition interlock device or wear an alcohol monitoring device.

Nebraska’s Look Back Period

Nebraska’s rules state that a prior conviction is one that occurred within 12 years of the DUI currently before the court. This is commonly referred to as the look back period because courts can inquire into the past 12 years of the offender’s driving history, even if that history occurred outside of Nebraska.

Administrative Penalties

An administrative penalty is one imposed by an authority other than a court. In a DUI case, the agency is often the state’s Department of Motor Vehicles (DMV). In Nebraska, a second time DUI offender can have their vehicle immobilized for no less than five days and no more than eight months, and their license revoked for at least a year. The Nebraska DMV can install an ignition interlock device, which prevents the offender from driving if it detects and alcohol in the offender’s blood.

Nebraska Felonies vs. Misdemeanors

Nebraska defines a misdemeanor as a crime punishable by a year or less, and a felony as a crime punishable by a year or more in prison. According to state statutes, a second time offender in Nebraska has committed a Class W misdemeanor.

Criminal Penalties

A Class W misdemeanor, which applies to DUI offenses, is punishable by a maximum of six months and a minimum of 30 days in prison. A minimum of 240 hours of community service can be imposed in lieu of prison time. The court must also fine the offender $500.00. It can also require an offender to wear an alcohol monitoring device for the length of their probation. The court cannot install both an ignition interlock device and require an alcohol monitoring device; it must choose one or the other.

Plea Options

DUI offenders, including second time offenders, in Nebraska can plead guilty and accept the court’s punishments, plead not guilty and proceed to trial and leave their punishment up to the jury, or enter into a plea bargain. In a plea bargain, the offender and prosecutor agree to the offender’s punishments, and often consist of more administrative and less criminal penalties.

Obtaining Legal Advice

If you are facing an accusation of having a committed a second DUI, seek legal assistance. An attorney will review the facts of your case and discuss with you Nebraska’s penalties for second time offenses.