Second Offense DUI in Nebraska

Nebraska laws recognize drunk driving offenses as DUIs (Driving Under the Influence). A DUI is counted as a second offense if a person has been convicted of a DUI within the last 15 years. Compared to first offenses, second DUIs carry significantly higher penalties that impact fine amounts, jail term, license revocation, and ignition interlock device usage periods. These penalties are measures to discourage repeat DUI offenses in Nebraska. Furthermore, they reflect the state's stance on the safety of road users and the general Nebraska public.

Is a 2nd DUI a Felony in Nebraska?

No. A second DUI in Nebraska is classified either as a Class W misdemeanor or as a Class I misdemeanor (if aggravated). In Nebraska, a DUI becomes a felony (Class IIIA) on the third conviction if aggravated. Subsequent convictions mean higher felony classifications and more severe penalties.

What is the Lookback Period for a Second DUI in Nebraska?

Nebraska has a 15-year lookback period for most DUIs. A lookback period is the time lapse within which the court may review a person's previous DUI conviction(s) to determine a suitable sentence for an ongoing trial. It may also impact the Classification of the offense.

For instance, while second DUIs are considered Class W misdemeanors in Nebraska, a second conviction within 15 years of the first may result in the offense being classified as a Class I misdemeanor. This often implies higher fines and longer jail sentences.

What are Aggravating Factors in a Second DUI?

Per Nebraska laws, two primary aggravating factors are considered when handling DUIs, irrespective of the existence of prior convictions:

• A Blood Alcohol Concentration (BAC) of 0.15 and higher
• Refusal to submit to a chemical test.

A 15% BAC means "a concentration of fifteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood or fifteen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath". Other factors that may be taken into consideration during DUI trials are the presence of a minor in the vehicle, bodily harm caused to another person, and the time length from a previous offense.

What Happens If You Get a 2nd DUI/DWI in Nebraska

Nebraska laws view a second DUI as a Class W or Class I misdemeanor (if aggravated). The following penalties are applicable, depending on the severity of the offence:

How Long Does a Second DUI Stay On Your Record in Nebraska?

In Nebraska, a DUI conviction adds 6 points to your driving record, which typically lasts 5 years. After this period, individuals may take a DMV-approved Driver Improvement Course (8 hours) to deduct 2 points every 2 years, assuming they committed no new offenses during this period. This process can help clear the record by the 11th year.

Nebraska is part of the Compact State Agreement, meaning DUI convictions from other states may also count. Accumulating 12 or more points within 2 years makes a person ineligible for the point-reduction course. DUI records may also be accessible through third-party websites independent of government agencies. Despite erasing a person's DUI records on official government databases, such records may still exist on third-party websites.

How Much Does a Second DUI Cost in Nebraska

The financial implications of a second DUI depend on whether there were aggravating factors. Under Nebraska law, a second DUI without aggravating factors warrants a fine of $500, while the fine for an aggravated second DUI is $1000. In addition, an offender should expect additional costs, including court fees, administrative costs, and costs associated with the ignition interlock device.

Chances of Going to Jail for a Second DUI in Nebraska

Per Nebraska law (N.R.S. 28-106), second DUIs are Class W misdemeanors and warrant a mandatory minimum jail time of 30 days. The maximum jail time for second DUIs in Nebraska is 6 months. Note that a prior conviction within the last 15 years and the presence of aggravating factors may impact the court's ruling and the jail sentence.

Driver's License Suspension for a Second DUI in Nebraska

Under Nebraska's Administrative License Revocation (ALR) law, the license revocation/suspension period for second DUIs within 15 years from a previous conviction is one year. Eligible drivers may receive a temporary license for 15 days, upon the expiration of which they may apply for an Ignition Interlock Permit. Under Subdivisions 3 and 5, N.R.S. 60-6,197.03, the revocation period may be up to 18 months but not more than 15 years.

Ignition Interlock Device Requirement

The ignition interlock device is a continuous alcohol monitoring device that prevents a vehicle's engine from turning on if it detects an alcohol concentration greater than three-hundredths of one gram (or more) by weight of alcohol per two hundred ten liters in his or her breath or one hundred milliliters of his or her blood (N.R.S. 60-6,211.05).

Upon conviction, a defendant must apply to the Department of Motor Vehicles for a permit to have this device installed in all vehicles they own or operate for a minimum of one year.

Unless the Department of Motor Vehicles determines that a person is indigent and incapable of paying the costs for installation, maintenance, and removal of the interlock device, such a person shall be responsible for all such fees. Otherwise, the costs shall be paid from the Department of Motor Vehicles Fund if available.

DUI School and Substance Abuse Treatment

A court may order a mandatory DUI education program for second DUI offenders in Nebraska. The state's National Safety Council (NSC) offers court-ordered DUI education. This program lasts 10 hours and costs $200. Participants may obtain their DUI education from home or online.

The DUI program provides general awareness on the implications of DUI and may involve substance abuse evaluation. Based on the results from the abuse evaluation, treatment programs may be required. Aside from the DUI program offered by the National Safety Council, other third-party DUI educational programs, facilitated by non-governmental organizations, exist and are acceptable by the court.

Probation Conditions

If the court places a second DUI offender on probation, the person's driver's license will be revoked for 18 months. As part of the revocation order, the offender will be required to not drive for a period of 45 days, after which they will require an ignition interlock device to drive.

The interlock device must be used for a minimum of one year. Probation conditions also include the payment of a fine between $500 and $1,000 and either confinement in a county or city jail for 10 days.

Community Service Requirements

Community service is part of the terms if an offender is placed on probation or the court suspends their sentence. It is an alternative to the mandatory ten days' confinement in a county or city jail, lasting for not less than ten days (240 hours).

Impact on Auto Insurance

In Nebraska, an SR-22 liability insurance is required to reinstate a suspended driver's license. A second DUI carries severe consequences, and offenders may be subject to increased insurance premiums, as they are considered high-risk drivers. The increased rates typically last for several years. Worse still, some companies may cancel a person's insurance policy or render them ineligible for renewal.

Which Courts Handle DUI Cases in Nebraska?

District and County Courts in Nebraska share jurisdiction over aggravated and non-aggravated DUIs. However, district courts are Nebraska's general jurisdiction courts, handling misdemeanor and felony crimes and, as such, hear felony DUI cases which are beyond county courts.

A DUI is classified as a felony starting from the fourth offense within 15 years. Depending on the severity of the bodily harm caused, mainly if it resulted in vehicular homicide, a second DUI can be classified as a felony. Nebraska county courts generally handle second DUIs. The following are contact and address information for courts in five most populous Nebraska counties where DUIs are processed:

Lancaster County
Lancaster District Court
Justice and Law Enforcement Center
575 South 10th Street, 3rd Floor
Lincoln, NE 68508
Phone: (402) 441-7328

Douglas County
Douglas District Court
300 Hall of Justice
1701 Farnam Street, 3rd Floor
Omaha, North East 68183
Phone: (402) 444-7018

Sarpy County
Sarpy District Court
1210 Golden Gate Drive
Papillion NE 68046
Phone: (402) 593-2267
Fax: (402) 593-4403

Hall County
Hall County Court
111 West 1st Street
Suite #1
Grand Island NE 68801
Phone: (308) 385-5135
Fax: (308) 385-5138

Buffalo County
Buffalo County Court
P.O. Box 520
Kearney, NE 68848
Phone: (308) 236-1228
Fax: (308) 236-1243

Besides court hearings, DUIs usually go through an administrative hearing governed by the Administrative License Revocation (ALR) law. Administrative hearings are presided over by the state's Department of Motor Vehicles (DMV) and sanction the suspension and revocation of DUI offenders' driver's licenses. The DMV is also responsible for issuing temporary licenses to eligible drivers and reinstating revoked or suspended licenses. See below for DMV's contact information:

Nebraska State Office Building
301 Centennial Mall South
P.O. Box 94789
Lincoln, Nebraska 68509-4726
Phone: (402) 471-2281

Can You Get a DUI on a Horse in Nebraska?

No. DUIs are strictly motor vehicle-specific. Notwithstanding, per NRS 60-6,111, the operator of any animal or animal-drawn vehicle on a Nebraska roadway may be subject to other laws, rights, and duties applicable to the driver of a motor vehicle, and may be punishable under applicable laws for other violations.