Fourth Offense
Impairment-based statute only
No cannabis-specific drugged driving law
Enhanced penalties
0.15
Fifteen years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative and criminal penalties
Statewide Program
ALS/ALR law enacted
Permitted
No Habitual Offender Law
51-100 DREs
1-5 DUI Courts
1-5 Hybrid Courts
No cannabis open container law
Decriminalized
Blood and urine
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Mandatory all offender
Legislation & Court Rule/Order
Cannabis
No license suspension
Distinctive License & No Seizure Law
Has legal authority to implement No Refusal program
No authorization
60-6,197 - Learn More
Any person who operates or is in actual physical control of a motor vehicle in Nebraska shall be deemed to have given his or her consent to submit to a chemical test or tests of his blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs.
Yes
Yes
No Data Available
Yes
Breath
60-6,196 - Learn More
(1) It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:
(a) While under the influence of alcoholic liquor or of any drug;
(b) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; or
(c) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.
60-6,196 - Learn More
(1) It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:
(a) While under the influence of alcoholic liquor or of any drug;
(b) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; or
(c) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.
60-6,197 - Learn More
Any person who refuses to submit to such test or tests required pursuant to this section shall be subject to the administrative revocation procedures provided in sections 60-498.01 to 60-498.04 and shall be guilty of a crime and upon conviction punished as provided in sections 60-6,197.02 to 60-6,197.08.
First offense class W misdemeanor – mandatory minimum of 7 days imprisonment and $400 fine.; maximum of 60 days imprisonment and $500 fine; shall apply for ignition interlock permit, license revoked for for 6 months. Id. §28-106 (Class W); Id. §60-6,197.03(1).
Yes
Yes
60-498 - Learn More
The director shall immediately revoke the operator's license of any person upon receiving a copy of judgment of such person's conviction of any of the following offenses when such conviction becomes final…(2) Driving a motor vehicle while under the influence of alcoholic liquor or any drug as provided in city or village ordinances or in section 60-6,196. The period of revocation shall, in each case except for revocations pursuant to sections 60-498.01 to 60-498.04 and offenses specified in section 60-4,168, correspond with the period that is determined by the court
First offense class W misdemeanor – possible license revocation or vehicle impoundment for 6 months.
Yes
60-6,197.03 - Learn More
Except as provided in subdivision (2) of this section, if such person has not had a prior conviction, such person shall be guilty of a Class W misdemeanor, and the court shall, as part of the judgment of conviction, order that the operator's license of such person be revoked for a period of six months from the date ordered by the court. The revocation order shall require that the person apply for an ignition interlock permit pursuant to section 60-6,211.05 for the revocation period and have an ignition interlock device installed on any motor vehicle he or she operates during the revocation period. Such revocation shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
60-6,197.03 - Learn More
No Data Available
None
No Data Available
No Data Available
Defined in DUI statute.
No Data Available
No Data Available
28-106 - Learn More
60-6,197.03 - Learn More
First offense Class W misdemeanor: Mandatory minimum of 7 days imprisonment and $400 fine and maximum of 60 days imprisonment and $500 fine. Possible license revocation or vehicle impoundment for 6 months.
Second offense Class W misdemeanor: Mandatory minimum of 30 days imprisonment and $500 fine and maximum of 6 months imprisonment and $500 fine and license revocation for one year. After probation period may apply for an ignition interlock permit for the remainder of the revocation period. Required to pay $500 fine and imprisonment for 10 days or 240 hours of community service.
Third offense Class W misdemeanor: Mandatory minimum of 90 days imprisonment and $1000 fine and maximum 1 year imprisonment and $1000 fine and operator’s license to be revoked for 15 years, following a period of probation. Probation requires payment of a $1000 fine and imprisonment for 30 days.
Yes
28-106 - Learn More
60-6,197.03 - Learn More
Yes
First offense Class W misdemeanor: Mandatory minimum of 7 days imprisonment and $500 fine and maximum of 60 days imprisonment and $500 fine. Shall revoke license for 6 months. Shall apply for ignition interlock.
Second offense Class W misdemeanor: Mandatory minimum of 30 days imprisonment and $500 fine and maximum of 6 months imprisonment and $500 fine and license revocation for 18 months. After 45 day no-drive period, shall apply for an ignition interlock permit of at least one year. If probation given, required to pay $500 fine and imprisonment for 10 days or 240 hours of community service.
Third offense Class W misdemeanor: Mandatory minimum of 90 days imprisonment and $1000 fine and maximum 1 year imprisonment and $1000 fine and operator’s license to be revoked for 15 years. Probation requires payment of a $1000 fine and imprisonment for 30 days.
Yes
Under law that went into effect in 2012, it is a felony enhancement in Nebraska to drive under the influence of drugs or alcohol with a child in the car.
Statues Relating to Uniform Controlled Substances Act Learn More
Tetrahydrocannabinols are referenced here.
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
None
Although marijuana laws have been decriminalized in Nebraska, it remains illegal to use for medical or recreational purposes.
Illegal
Illegal
Illegal
Illegal
None - Illegal
None - Illegal
No Data Available
No Data Available
No Data Available
Felony – 1 to 20 years - $25,000. One year minimum imprisonment.
No Data Available