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Nebraska

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Fifteen years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative and criminal penalties

24/7 Programs

Pilot program implemented

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

No DUI Courts

DUI Courts - Hybrid

1-5 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Decriminalized

DUID: Implied Consent Testing Methods

Blood and urine

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation & Court Rule/Order

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

No Legislation

2019 Legislative Activity

None

False Identification - Sanctions

No license suspension

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Has legal authority to implement No Refusal program

Oral Fluid Testing

No authorization

Implied Consent Laws

Drugs

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.

Blood

Yes

Urine

Yes

Oral Fluids

No Data Available

Other

Yes
Breath

DUI Statutes

Drugs

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.

Combined/Multiple Substance

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.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

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).

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

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

Length/Time of Restriction

First offense class W misdemeanor – possible license revocation or vehicle impoundment for 6 months.

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

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.

Other Drugs

60-6,197.03 - Learn More

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

None

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

Defined in DUI statute.

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

 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.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

 28-106 - Learn More
60-6,197.03 - Learn More
Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

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.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

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.

Statutes with THC Listed as Delta 8, 9, 10, or 11

Statues Relating to Uniform Controlled Substances Act Learn More
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

None
Although marijuana laws have been decriminalized in Nebraska, it remains illegal to use for medical or recreational purposes.

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

None - Illegal

Other

None - Illegal

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Felony – 1 to 20 years - $25,000. One year minimum imprisonment.

Other

No Data Available