Third Offense DUI in Nebraska

The third offense DUI in Nebraska leads to harsh administrative and criminal penalties. There are two different sets of penalties based on whether the Blood Alcohol Content (BAC) is below or above .15. Penalties for the third offense include fines, jail time, license suspension and vehicle immobilization.

BAC Levels and the Law

The maximum driver Blood Alcohol Content (BAC) level allowed in the state of Nebraska is .08. This is the ‘Per Se’ BAC, and it refers to the fact that a DUI is charged based on blood alcohol content and not on the driver abilities or behaviors. Anyone driving with a proven BAC of .08 or above is considered intoxicated and can be charged with a per se DUI.

Nebraska is a zero tolerance state. Zero tolerance means that any driver under 21 can be arrested with any amount of alcohol in their blood. The BAC amount can be as low .02 or .01. This law was adopted to help curb underage drinking and driving.

Administrative Penalties

Nebraska has chosen to implement strict DUI laws and imposes a number of harsh administrative and criminal penalties. The first 3 offenses committed are misdemeanors and convictions thereafter are felonies. The state has chosen to create a two-tiered penalty schedule based on the BAC.

Administrative penalties for a BAC alcohol level .08 or greater but less than .15 are as follows:

• Fine up to $600
• License suspension from 2 to 15 years
• Vehicle immobilization for minimum 5 days and up to 8 months or vehicle impoundment
• Installation of Ignition Interlock Device
• Attendance at chemical dependency education or treatment program

The Administrative penalties for a BAC alcohol level equal to or greater than .15 are as follows:

• Fine up to $10,000
• License suspension from 5 to 15 years
• Vehicle immobilization for minimum 5 days and up to 8 months or vehicle impoundment
• Installation of Ignition Interlock Device if judge orders
• Attendance at chemical dependency education or treatment program

Implied Consent laws apply so a driver in the state of Nebraska must agree to submit to a BAC test if the officer decides the driver is under the influence of alcohol. The Implied Consent law requires all drivers to be willing take a blood alcohol test, a urine test, or a breath test if the officer requests. Refusing to take the test will result in an automatic arrest and immediate confiscation of your license and at your hearing the license will be suspended for 90 days to 1 year.

Criminal Penalties and Lookback Period

There are also two different minimum and maximum jail times based on the BAC level.

• BAC between .08 and .15 – jail of 90 days to 1 year
• BAC .15 and greater – jail of 180 days to 5 years

Nebraska has a lookback period of 12 years. If the BAC was less than .15 then the third offense is a misdemeanor. If the BAC was .15 or higher and the third offense occurred in the 12-year lookback period, the charge will be a felony.

Plea Options

You can plead guilty or not guilty. Nebraska does allow plea bargaining also. If you plead not guilty then your case will go to trial to be settled.

Legal Representation is Important

When facing any DUI offense it is important to have representation by an experienced attorney. A qualified attorney will guide you through the legal process to insure that the law is closely followed and your rights are protected.