DUI/DWI Enhanced Penalties in Nebraska

What are DUI/DWI enhanced penalties, and how do they differ from standard penalties in Nebraska?

In Nebraska, DUI/DWI enhanced penalties are more severe punishments that can be imposed on an individual convicted of operating a vehicle under the influence of alcohol or drugs. Enhanced penalties are based on the severity of the offense, previous convictions, or if the driver had a minor in the vehicle.

The standard penalties for a DUI/DWI in Nebraska are:

• First offense: A fine of up to $500, up to 6 months in jail, and a 6 month driver’s license suspension.

• Second offense: A fine of up to $1,000, up to 6 months in jail, and a 12 month driver’s license suspension.

• Third offense: A fine of up to $2,500, up to 1 year in jail, and a 18 month driver’s license suspension.


Enhanced penalties can include longer jail terms, longer license suspensions, higher fines, vehicle impoundment, mandatory use of an ignition interlock device (IID), enrollment in an alcohol or drug treatment program, and/or community service. In addition, an individual convicted of a DUI/DWI may be required to equip their vehicle with an IID for up to 5 years after their conviction.

What aggravating factors can lead to enhanced penalties for DUI/DWI in Nebraska?

1. Refusing a chemical test
2. Operating a vehicle while under the influence with a minor in the vehicle
3. Having an extremely high blood alcohol concentration (BAC) of .15 or higher
4. A prior DUI/DWI conviction within the past 15 years
5. Being involved in an accident resulting in injury or death
6. Driving recklessly or at an excessive speed
7. Driving in a school or construction zone

Do enhanced penalties apply for high blood alcohol content (BAC) levels in Nebraska?

Yes, enhanced penalties apply for high blood alcohol content (BAC) levels in Nebraska. Any person whose BAC is 0.15 or higher can face increased penalties, including a larger fine of up to $500, a minimum of five days in jail, and a longer license suspension period of up to six months.

Is there a distinction between first-time and repeat offenders in terms of enhanced penalties in Nebraska?

Yes, there is a distinction between first-time and repeat offenders in terms of enhanced penalties in Nebraska. Enhanced penalties may include increased fines, jail time, or probation. Repeat offenders may also be required to submit to a more stringent sentencing structure than first-time offenders.

How do prior DUI/DWI convictions affect enhanced penalty considerations in Nebraska?

In Nebraska, prior DUI or DWI convictions can have a significant impact on enhanced penalty considerations. Depending on the severity of the offense as well as the number of prior convictions, penalties can include longer jail sentences, higher fines, longer license suspensions or revocations, and mandatory use of an ignition interlock device. Additionally, those convicted of a third or subsequent DUI/DWI offense will be charged with a felony and face harsher sentences.

Are there enhanced penalties for DUI/DWI offenses involving minors in the vehicle in Nebraska?

Yes, there are enhanced penalties for DUI/DWI offenses involving minors in the vehicle in Nebraska. Under Nebraska Revised Statute 60-6,197, the penalties for driving under the influence of alcohol or drugs when there is a minor (under age 16) in the vehicle can include a jail sentence of up to 6 months, a fine of up to $1,000, and a license suspension of up to one year.

Do enhanced penalties apply for DUI/DWI offenses causing injuries or fatalities in Nebraska?

Yes, enhanced penalties apply for DUI/DWI offenses causing injuries or fatalities in Nebraska. A person who causes serious bodily injury while driving under the influence of alcohol or drugs may be guilty of a Class IIA felony, which carries a sentence of up to 50 years in prison. If the offense results in the death of another person, the offender may be charged with vehicular homicide, a Class II felony with a possible sentence of up to 50 years in prison.

What is the role of ignition interlock devices (IIDs) in cases with enhanced penalties in Nebraska?

In Nebraska, ignition interlock devices (IIDs) are required for any driver that is convicted of a DUI offense or any other alcohol-related offense. The IID must be installed on the driver’s vehicle and must be used every time the vehicle is operated. Drivers may also be subject to additional penalties, including license suspension, fines, and community service, if they fail to comply with IID requirements.

Is there a mandatory minimum sentence for DUI/DWI offenses with enhanced penalties in Nebraska?

Yes, there is a mandatory minimum sentence for DUI/DWI offenses with enhanced penalties in Nebraska. If convicted of a DUI or DWI offense in Nebraska, an individual must serve a minimum of 5 days in jail for a first offense or 7 days for a second offense. Additional enhanced penalties may apply for elevated blood alcohol concentrations, aggravating circumstances, or if the individual has prior DUI/DWI convictions.

Are there mandatory substance abuse education or treatment programs for offenders in Nebraska?

Yes, there are mandatory substance abuse education programs available for offenders in Nebraska. These programs are available on a voluntary basis for those who need help managing their substance abuse or addiction. In addition, there are also mandated substance abuse treatment programs available for those who have been convicted of a felony that is related to their substance abuse. These programs are typically provided as part of the terms of the offender’s probation or parole and must be completed in order to remain out of jail.

Do commercial driver’s license (CDL) holders face unique enhanced penalties in Nebraska?

CDL holders in Nebraska face unique enhanced penalties for certain traffic violations. If a CDL holder is convicted of certain traffic violations, they may face increased fines, longer suspensions, and disqualifications from operating a commercial vehicle. For example, Nebraska has a “Three Strikes” law which states that any CDL holder who violates some of the more serious traffic laws three times will be disqualified from operating a commercial vehicle. Other enhanced penalties include increased fines for speeding, and longer disqualification periods for driving under the influence.

How does our state handle out-of-state DUI/DWI convictions in relation to enhanced penalties in Nebraska?

In Nebraska, the penalties for DUI/DWI convictions will vary depending on the individual circumstances of the offense and the offender’s prior DUI/DWI record. Enhanced penalties may apply to out-of-state DUI/DWI convictions if the defendant has had any prior DUI/DWI convictions, regardless of where they occurred. The enhanced penalties will apply regardless of the jurisdiction in which the prior convictions occurred.

Are there diversion or rehabilitation programs available for offenders facing enhanced penalties in Nebraska?

Yes, Nebraska offers a variety of diversion and rehabilitation programs for offenders who are facing enhanced penalties. These programs include those designed to deal with mental health issues, substance abuse, and other related matters. In addition, the state also provides access to victim assistance and advocacy services, as well as a number of educational and job training opportunities.

What are the consequences for fleeing the scene of an accident involving injury or death in Nebraska?

In Nebraska, fleeing the scene of an accident involving injury or death is a Class IV felony. This carries a penalty of up to 2 years in prison, a $10,000 fine, and a 1-year license revocation. Additionally, the person may be held liable for any damages and/or medical expenses related to the accident.

Is there a difference in penalties for DUI/DWI offenses involving drugs other than alcohol in Nebraska?

Yes, penalties for DUI/DWI offenses involving drugs other than alcohol in Nebraska are stricter than those involving only alcohol. The penalties for a first offense of DUI/DWI involving drugs other than alcohol are a fine of up to $1,000 and up to 6 months in jail. A second or subsequent offense carries a fine of up to $10,000 and up to 5 years in prison. In addition, individuals convicted of DUI/DWI involving drugs other than alcohol may be required to complete an alcohol and/or drug education program.

Can individuals appeal or contest the imposition of enhanced penalties in Nebraska?

Yes, individuals can appeal or contest the imposition of enhanced penalties in Nebraska. A person can file a motion for post-conviction relief in a Nebraska court, which is used to challenge the legality of a conviction or sentence. The motion can include evidence that the sentence was imposed in an arbitrary or capricious manner, or that the enhanced penalty was not appropriate given the facts and circumstances of the case.

Do enhanced penalties impact an individual’s ability to expunge their DUI/DWI record in Nebraska?

No, enhanced penalties do not impact an individual’s ability to expunge their DUI/DWI record in Nebraska. The Nebraska statute states that any person may apply to the court for an order to expunge their DUI/DWI record regardless of any enhanced penalties that may have been imposed. However, it is important to note that there are certain eligibility requirements that must be met in order for a DUI/DWI record to be expunged. These include, but are not limited to, the length of time since the offense and the defendant’s criminal history.

Are there specific procedures for handling DUI/DWI cases with enhanced penalties in Nebraska?

Yes. A driver convicted of DUI/DWI in Nebraska may face enhanced penalties if certain conditions apply, such as a prior conviction or if the driver’s blood alcohol content (BAC) is higher than the legal limit. The law outlines specific procedures for handling DUI/DWI cases with enhanced penalties, including:

1. Increased fines, court costs and license reinstatement fees;
2. Mandatory completion of an approved alcohol- and drug-awareness course;
3. Increased jail time;
4. Installation of an ignition interlock device on the offender’s vehicle; and
5. Suspension of the offender’s driver’s license for a longer period of time.

How do enhanced penalties affect employment and insurance rates for offenders in Nebraska?

Enhanced penalties can have a major impact on employment and insurance rates for offenders in Nebraska. For example, some employers may be less likely to hire someone who has been convicted of a crime with enhanced penalties, as they may be seen as a liability or potential risk. In addition, many insurance companies in Nebraska will consider felony convictions with enhanced penalties when calculating an individual’s insurance rate, and this can lead to higher rates for the offender.

What resources or organizations provide support and guidance for individuals facing DUI/DWI enhanced penalties in Nebraska?

1. Nebraska Department of Motor Vehicles: The Nebraska Department of Motor Vehicles provides information about driving laws and license suspension/revocation due to driving under the influence (DUI) or driving while intoxicated (DWI). It also provides resources on avoiding DUI/DWI situations, as well as information on what to do if you’ve been charged with a DUI/DWI.

2. Mothers Against Drunk Driving (MADD): MADD is an organization dedicated to preventing drunk driving and providing support and guidance for individuals facing DUI/DWI-related consequences in Nebraska. MADD offers free resources, educational materials, and a 24-hour helpline for those impacted by drunk driving.

3. Nebraska Substance Abuse Program: The Nebraska Substance Abuse Program provides support and guidance for individuals facing DUI/DWI-related charges in the state. It offers counseling services, legal assistance, and information on substance abuse treatment.

4. Nebraska Office of Highway Safety: The Nebraska Office of Highway Safety provides information and resources on impaired driving laws, enforcement procedures, and trends in the state. It also helps individuals facing DUI/DWI-related charges by offering educational programs and assistance with license reinstatement.