First Offense DWI in Nebraska

In Nebraska, the offense committed when a person operates a vehicle while impaired by alcohol or drugs is legally defined as Driving While Impaired (DWI). Alternative acronyms used in other states, such as DUI or OWI, are not commonly used locally as they are not used in the statutes. Officially, in Nebraska's statutes, a person is guilty of the crime of a DWI when they operate or are in control of a motor vehicle under the influence of a drug, alcohol, or both that impairs their ability to manage the car.

Nebraska's DWI laws are strict. First-time offenders may receive punishments ranging from 7 to 60 days of jail time. Persons seeking more information on Nebraska DWI may access the Nebraska Court Records DWI violations information page.

What Qualifies as a First DWI in Nebraska?

In Nebraska, a first-time DWI is committed by someone who has not had a prior conviction. A first-time offender is charged with a Class W misdemeanor, with lower mandatory penalties reserved for those without a recent DWI history. Per Nebraska Statutes § 60-6,197.02(1)(a), a prior conviction also refers to one occurring within the fifteen years of a previous offense. Older convictions as old as 15 years are disregarded.

In Nebraska, a DWI offense is confirmed when an adult person (age 21 and above) operates a non-commercial motor vehicle while having a blood alcohol concentration (BAC) level of 0.08% or higher. Or when the use of drugs limits their ability to operate a car properly. Underaged drivers may not have a BAC level of over 0.02%, while commercial drivers' requirements may not exceed 0.04%.

Law enforcement officers determine drivers' impairment through chemical breath, blood, or urine testing. Preliminary roadside tests are made using breathalyzers, which provide results that are not deemed evidentiary. Evidentiary results depend on NHTSA-approved devices such as the Intoxilyzer, DataMaster, and Intoximeters as defined in the Nebraska Admin Code ch. 1, § 008.

Where breath tests are deemed inadequate, blood tests may be used at the DHHS laboratory using gas chromatography-mass spectrometry or gas chromatography to determine alcohol concentration. Urine tests are also employed in determining drug use at DHHS laboratories.

Possible Penalties for a First Offense DWI in Nebraska

Penalties for first-time DWI offenses in Nebraska include:

• License suspension, mandatory alcohol education, fines, and treatment programs for underage offenders.
• Penalties may be both criminal and administrative.
• For blood alcohol levels above the acceptable figures but below 0.15%, the penalty is a $500 fine, seven to 60 days in jail, and revocation of the person's license for six months.
• For BAC levels above 0.15%, the penalty is a minimum of seven days in jail, a $500 fine, and license revocation for one year.
• For both revocation cases, installing an interlock device and an Ignition Interlock Permit (IIP) is mandatory during the revocation period.
• For drivers operating commercial vehicles and possessing a commercial driver's license (CDL), getting to an offense limit of 0.04 and up to 0.07% results in the disqualification of their license for at least one year.

Do You Lose Your License for a First DWI in Nebraska?

In Nebraska, law enforcement may immediately take a driver's license after a DWI arrest if the driver fails or refuses the chemical test following the state's Administrative License Revocation (ALR) process. If the license is confiscated, officers issue a notice of revocation and a temporary 15-day permit. A court-ordered revocation may still happen if the driver is found guilty of the DWI charge.

When a license is revoked in Nebraska due to a DWI, a typical hardship license is not available during the period. However, the Ignition Interlock Permit (IIP) restricts driving privileges by requiring the installation of an ignition interlock device in all cars the affected person may drive.

What Is the Implied Consent Law in Nebraska and How Does It Affect First DWI Cases?

Under Nebraska's implied consent law, a person arrested for suspicion of operating a motor vehicle under the influence is deemed to have given their consent to chemical testing via breath, blood, or urine tests to determine the levels of alcohol in their system. Officers must advise drivers of the penalties for refusing to take the test.

Refusal to submit to the test leads to an immediate administrative driver's license revocation before criminal charges. First-time offense refusals may lead to a one-year administrative license revocation separate from the DWI proceedings. A notice of the revocation is mailed to the Department of Motor Vehicles (DMV), and the revocation becomes active five days later. Drivers are allowed to petition for an ALR hearing within ten days to contest it. The hearing will focus on whether there was probable cause for the DWI arrest and whether the driver refused or failed the test.

Note: A test refusal conviction is prosecuted separately from the DWI charges.

Is an Ignition Interlock Device Required for a First DWI Offense in Nebraska?

Yes, per Nebraska law, under Nebraska Revised Statutes § 60-6,197.03(1), a person with a first DWI offense is required to install an Ignition Interlock Device (IID) on any vehicle they may drive during the period of their court-ordered revocation. These persons must apply for an Ignition Interlock Permit (IIP) from the DMV and install a certified IID during the six months their license would likely be revoked.

Persons who refuse to submit to a chemical test after a first-time DWI arrest are also required to install an Ignition Interlock Device (IID) after applying for an Ignition Interlock Device (IID during the period of the revocation of their license, which is one year.

In both cases, the presence of a minor does not affect the IID requirement. The person ordered to use the IID is responsible for all associated costs, such as the DMV permit fee, initial deposit, installation, and monthly lease or calibration.

Can a First DWI Be Dismissed or Reduced in Nebraska?

Per Nebraska law, a first-time DWI arrest is not listed among the offenses eligible for diversion programs, and that may be dismissed upon completing specific requirements such as treatment, completion of classes, or community service. However, securing a dismissal through a defense attorney may be possible by challenging the arrest or the evidence on grounds such as the legality of the arrest, the testing procedure, the validity of results, or the violation of Miranda rights. Where the court grants a defendant a motion that suppresses the evidence of impairment, the state prosecutor may dismiss the case rather than proceed to trial.

Prosecutors in Nebraska may sometimes negotiate a plea bargain where the DWI is reduced to a less serious offense, such as reckless driving. Reduction of the charge is possible in cases of a first-time offender, where the BAC is low and close to 0.08%, or via judicial approval.

Long-Term Consequences of a First DWI

A first-time DWI in Nebraska is classified as a Class W misdemeanor and stays on the record permanently unless set aside. Persons convicted of a DWI are labeled as high-risk drivers, and the insurance provider may cancel the premium or raise it from 50% to 200%, depending on the company or age. This effect on the premium may last five to 10 years, depending on the insurer. Some insurers may request the filing of an SR-22 certificate to prove financial responsibility, which further increases the insurance costs.

Persons with a DWI conviction may be disqualified from jobs requiring a commercial driver's license (CDL), delivery jobs, or company fleet cars. Jobs in healthcare and education, which typically conduct background checks, are also reluctant to hire persons with a DWI.

Do You Need a DWI Attorney in Nebraska?

While persons arrested for a DWI in Nebraska may opt not to hire a DWI attorney, hiring one may be helpful in evaluating evidence and filing the right motions. Attorneys also help with negotiating with prosecutors to reduce the charges and challenging the charges to secure a dismissal.