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Nebraska Criminal DUI Law

Misdemeanor DUI 1st Offense: 60-6,197.03(1)

Class W Misdemeanor
Maximum: 60 days in jail and $500
Minimum: 7 days in jail and $500
6 month license revocation
Shall apply for an ignition interlock device
Probation: 60 day license revocation with ignition interlock and $400

Aggravated DUI 1st Offense: 60-6,197.03(2)

Class W Misdemeanor
Maximum: 60 days in jail and $500
Minimum: 7 days in jail and $500
1 year license revocation
Shall apply for an ignition interlock device
Probation: 1 year license revocation with ignition interlock, $500 and 2 days in jail or 120 hours of community service

DUI 2nd Offense: 60-6,197.03(3)

Class W Misdemeanor
Maximum: 6 months in jail and $500
Minimum: 30 days in jail and $500
1 year license revocation
Shall apply for the ignition interlock device after 45 days
Probation: 1 year license revocation with ignition interlock after 45 days, $500 fine and 10 days in jail or 240 hours of community service

Aggravated DUI 2nd Offense: 60-6,197.03(5)

Class I Misdemeanor
Maximum: 1 year in jail and/or $1000
Minimum: 90 days in jail
1-15 year license revocation
Probation: 1-15 year license revocation and may apply for ignition interlock after 45 days, $1000 and 30 days in jail

DUI 3rd Offense: 60-6,197.03(4)

Class W Misdemeanor
Maximum: 1 year in jail and/or $1000
Minimum: 90 days in jail and $1000
15 year license revocation
Probation: 2-15 year license revocation and may apply for ignition interlock after 45 days, $600 and 30 days in jail

Felony

Aggravated DUI 3rd offense: 60-6,197.03(6)

Class IIIA Felony
Maximum: 5 years imprisonment
Minimum: 180 days
15 year license revocation
Probation: 5-15 year license revocation may apply for ignition interlock after 45 days, $1000, 60 days in jail, 60 days of CAM after release and at least 60 days abstention from alcohol

DUI 4th Offense: 60-6,197.03(7)

Class IIIA Felony
Maximum: 5 years imprisonment
Minimum: 180 days
15 year license revocation
Probation: 15 year license revocation may apply for ignition interlock after 45 days, $1000, 90 days in jail, 90 days of CAM after release, and at least 90 days abstention from alcohol

Aggravated DUI 4th Offense: 60-6,197.03(8)

Class III Felony
Maximum: 20 years imprisonment
Minimum: 1 year imprisonment
15 year license revocation
Probation: 15 year license revocation may apply for ignition interlock after 45 days, $1000, 120 days in jail, 120 days of CAM after release and at least 120 days abstention from alcohol

DUI 5th Offense: 60-6,197.03(9)

Class III Felony
Maximum: 20 years imprisonment
Minimum: 1 year imprisonment
15 year license revocation
Probation: 15 year license revocation may apply for ignition interlock after 45 days, $1000, 180 days in jail, 180 days of CAM after release and at least 180 days abstention from alcohol

Aggravated DUI 5th Offense: 60-6,197.03(10)

Class II Felony
Maximum: 50 years imprisonment
Minimum: 1 year imprisonment
15 year license revocation
Probation: 15 year license revocation may apply for ignition interlock after 45 days, $1000, 180 days in jail, 180 days of CAM after release and at least 180 days abstention from alcohol


Nebraska Administrative DUI Law (Department of Motor Vehicles)

Ignition Interlock Restricted Permit/License

Explanation For Arrest Dates 01/01/2012 and after: As of January 1, 2012, Nebraska has new DUI laws that allows offenders to waive their right to an Administrative License Revocation (ALR) hearing and apply for an Ignition Interlock Permit (IIP) instead.

As of January 1, 2012, the Nebraska DMV changed their rules and regulations as to the administrative penalties that accompany a DUI arrest. Depending on the circumstances of the arrest, it may or may not be beneficial to request an Administrative License Revocation Hearing. For a more detailed explanation of this process, please contact Michael Meckna at 402-933-7277.



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Michael P Meckna