Nebraska DUI Defense | Free 24/7 Help Line 1-844-690-0555

DUI Defense in Nebraska — what to do right now

Right now, do three things. First, find the pink temporary license the officer gave you when they took your plastic one — it's only good for 15 days. Second, count: you have 10 days from that notice of revocation to petition the Nebraska DMV for an administrative license revocation (ALR) hearing, or your license revocation becomes automatic. Third, write down everything you remember — the stop, the testing, what was said. Then call 1-844-690-0555. It's free, available 24/7, and you'll get clear information about both your DMV deadline and your criminal case under Neb. Rev. Stat. 60-6,196 — no web form, no income test.

The law in Nebraska: DUI Defense

In Nebraska, a single DUI arrest sets two completely separate machines running. The criminal case is prosecuted under Neb. Rev. Stat. 60-6,196 — it's typically charged in County Court (the level that handles most DUIs, misdemeanors and small claims), and it's where jail, fines and a court-ordered revocation get decided. Running in parallel, and entirely separate, is the administrative license revocation (ALR) handled by the Nebraska Department of Motor Vehicles under Neb. Rev. Stat. 60-498.01 through 60-498.04. The ALR is not a punishment a judge hands down — it's an automatic civil action against your driving privilege that starts the moment you fail or refuse a chemical test.

You can be convicted under 60-6,196 if you drive with a blood- or breath-alcohol concentration of 0.08 or more, or while impaired by alcohol or drugs regardless of the number. The threshold drops for some drivers: 0.04 for anyone operating a commercial motor vehicle, and a near-zero 0.02 for drivers under 21 under Nebraska's zero-tolerance law (Neb. Rev. Stat. 60-6,211.01). Nebraska doesn't use the terms DWI or OWI — here the charge is DUI, and 'actual physical control' of a vehicle can be enough even if you weren't driving when police arrived.

By driving on Nebraska roads you've already given 'implied consent' to chemical testing after a lawful DUI arrest (Neb. Rev. Stat. 60-6,197). Refusing the post-arrest test isn't a quiet way out — refusal is charged as its own separate crime, and it triggers a longer license revocation than a failed test does. The officer is required to advise you that refusal is a separate offense before you decide.

The criminal case will move through arraignment, pretrial and possibly trial in County Court over weeks or months. The ALR moves much faster: you must mail your hearing petition to the DMV within 10 days, and if you don't, the revocation simply takes effect when your 15-day temporary permit ends. Two tracks, two clocks — and the fast one is the one most people miss. Call 1-844-690-0555 to find out exactly where you stand on both.

Key Statutes

Neb. Rev. Stat. 60-6,196 — Driving under the influence (the core DUI charge)
Neb. Rev. Stat. 60-6,197 — Implied consent; refusal as a separate crime
Neb. Rev. Stat. 60-498.01 to 60-498.04 — Administrative License Revocation (ALR)
Neb. Rev. Stat. 60-6,211.01 — Under-21 zero-tolerance (.02 limit)
Neb. Rev. Stat. 60-6,211.05 / .11 — Ignition interlock & 24/7 sobriety program permits

Courts & Agencies

County Court — handles most Nebraska DUI criminal cases
District Court — felony DUI (third and subsequent offenses)
Nebraska DMV, Driver Licensing / Legal Division — runs the ALR hearing
Douglas County Courthouse — 1701 Farnam St, Omaha
Lancaster County Courthouse — 575 S. 10th St, Lincoln

Deadlines & Penalties

10 days from notice to petition the DMV for an ALR hearing
15-day temporary permit, then revocation is automatic if no hearing
Failed test: 6-month administrative revocation; refusal: 1-year
First offense: Class W misdemeanor, $500 fine, 7-60 days jail/community service
Second offense: 18-month revocation; third: Class IIIA felony, 15-year revocation

The 10-Day Window That Catches Nebraska Drivers Off Guard

Here's the Nebraska DUI trap most first-timers miss. Driving here is automatic 'implied consent' to chemical testing after a lawful arrest (Neb. Rev. Stat. 60-6,197). Fail or refuse the test and the officer takes your license on the spot and hands you a 15-day temporary permit. But the deadline that really matters is shorter: you have just 10 days from the notice of revocation to petition the DMV for an administrative license revocation hearing. Miss it, and the revocation becomes automatic when the 15-day permit expires — and it runs completely separate from your criminal case under 60-6,196. Refusal triggers a longer revocation than a first failed test. If you've been arrested, don't wait — call 1-844-690-0555 now and learn exactly what your deadline is.

Likely outcomes & penalties

Real Nebraska outcomes turn on your offense number, your BAC, and whether you fought the ALR in time. These are typical statutory ranges, not promises — your facts decide where you land.

First offense (BAC under 0.15)

Class W misdemeanor: a $500 fine, 7 to 60 days jail (often served as probation or community service), and a court revocation of 60 days to 6 months. An ignition interlock permit can let you keep driving.

First offense, BAC 0.15 or refusal

Penalties escalate: a full 1-year license revocation and a minimum of 7 days in jail. Refusal is charged as its own separate crime on top of the DUI.

Second offense

30 days to 6 months jail, an 18-month revocation with no driving at all for the first 45 days, then an interlock permit and mandatory device for the balance.

Third offense

A Class IIIA felony when BAC is 0.15+ or you refused — up to 3 years prison, up to a $10,000 fine, and a 15-year license revocation. This moves to District Court.

Mistakes to avoid

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Letting the 10-day ALR clock run out because you assumed the court date was the only deadline that mattered — the DMV revocation is automatic and separate.

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Thinking refusing the breath or blood test protects you. In Nebraska refusal is a separate crime under 60-6,197 and triggers a longer revocation than failing the test.

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Treating the 15-day pink temporary permit as your real license. It expires, and if you didn't petition for a hearing, the revocation just kicks in.

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Assuming a first Nebraska DUI is a slap on the wrist — a BAC of 0.15 or more flips you to a full year's revocation and mandatory jail.

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Driving during the revocation thinking no one will notice — driving under revocation is a fresh criminal charge that stacks on top of the DUI.

How it works

Call 1-844-690-0555 — free, 24/7. One free call, any hour. No web form, no income test, no waiting room. Tell us you've been arrested for DUI in Nebraska and roughly when, so we can pin down your 10-day ALR deadline first.

Get instant Nebraska-specific answers. You'll talk to an AI legal assistant trained on Nebraska and federal law. It explains your ALR deadline, your charge under 60-6,196, refusal consequences and interlock options in plain English — legal information, not legal advice, and the call creates no attorney-client relationship.

Get matched with a Nebraska DUI attorney if you want one. If you'd like a lawyer, we can help you book a paid consultation with a Nebraska-licensed DUI defense attorney — a separate paid step you choose, arranged through the call. Legal Hotline is not a law firm or a public defender.

Free & low-cost DUI Defense help in Nebraska

Legal Hotline gives you free Nebraska-specific information on the call. For ongoing representation or other civil problems tangled up with your arrest, these verified Nebraska resources can help:

Nebraska Find-a-Lawyer (NSBA Referral Service)

The state bar's official referral service — connects you with Nebraska-licensed attorneys by county and practice area, including DUI defense. Lincoln 402-475-7091; toll-free outside Lincoln 1-800-927-0117.

Omaha Bar Association Lawyer Referral Service

Referral service for the Omaha metro, sending the public to private attorneys across Douglas, Sarpy, Cass and Washington counties — useful for DUI charges filed in Douglas or Sarpy County Court. Phone 402-280-3603.

Nebraska DMV — Administrative License Revocation

The official DMV page explaining the ALR process, hearing requests and reinstatement — the agency that runs the 10-day deadline that decides your license.

Nebraska DMV — Ignition Interlock Permit

Official details on applying for the ignition interlock permit that can let you keep driving during a DUI revocation, including forms and requirements.

Nebraska Online Legal Self-Help Center

The Judicial Branch's official self-help resources — court-approved forms and plain-language guidance for people handling parts of their own case.

Legal Aid of Nebraska

Statewide nonprofit serving all 93 counties with free civil legal help. It doesn't handle the criminal DUI itself, but can assist with related housing, benefits or family fallout. Statewide AccessLine: 1-877-250-2016.

FAQ — DUI Defense in Nebraska

How long do I really have to save my license after a Nebraska DUI arrest?

You have 10 days from the notice of revocation to petition the Nebraska DMV for an ALR hearing. Miss it and the revocation becomes automatic when your 15-day temporary permit expires — completely separate from the court case. Call 1-844-690-0555 now to confirm your exact date.

Is the DMV revocation different from what the judge does?

Yes. The administrative license revocation (ALR) runs through the DMV under Neb. Rev. Stat. 60-498.01, while the criminal penalties under 60-6,196 come from the County Court. They're two separate tracks from one arrest. Call 1-844-690-0555 to understand both.

What happens if I refused the breath or blood test in Nebraska?

Refusal is charged as its own separate crime under Neb. Rev. Stat. 60-6,197, and it triggers a one-year license revocation — longer than a failed test's six months. The officer should have warned you of this. Call 1-844-690-0555 for free information on what refusal means for your case.

What's the legal BAC limit in Nebraska?

It's 0.08 for most drivers, 0.04 for commercial drivers, and 0.02 for anyone under 21 under the zero-tolerance law (60-6,211.01). But you can be convicted of impaired driving even below 0.08. Call 1-844-690-0555 to see how your number fits the law.

Will I go to jail for a first DUI in Nebraska?

A first offense is a Class W misdemeanor carrying 7 to 60 days, but jail is often served as probation or community service for a standard first offense. A BAC of 0.15 or more brings a mandatory minimum of 7 days. Call 1-844-690-0555 for information on your specific exposure.

Can I keep driving during my Nebraska DUI revocation?

Often yes — through an ignition interlock permit or the 24/7 sobriety program permit, which let many drivers continue once the device is installed. There are waiting periods on higher offenses. Call 1-844-690-0555 to learn which option fits your situation.

When does a Nebraska DUI become a felony?

A third DUI offense becomes a Class IIIA felony when your BAC was 0.15 or higher or you refused testing — carrying up to 3 years prison, a fine up to $10,000, and a 15-year revocation. Felony DUIs move to District Court. Call 1-844-690-0555 for free information.

Does Legal Hotline give legal advice or represent me?

No. Legal Hotline is not a law firm and not a public defender. We give legal information, not legal advice, and the call creates no attorney-client relationship. If you want representation, we can help you book a paid consultation with a Nebraska-licensed attorney. Call 1-844-690-0555.

What does the call cost and when can I call?

The call is completely free and available 24/7 — no web form, no income test. You'll get Nebraska-specific information from an AI assistant trained on this state's law, including in Spanish where needed. Call 1-844-690-0555 any time, day or night.

I was arrested days ago — is it too late?

Maybe not, but every day matters because of the 10-day ALR window. Even if that deadline has passed, there may still be options in your criminal case under 60-6,196. Don't assume the worst — call 1-844-690-0555 now for free information on what's still open.

Are you a Nebraska DUI defense attorney?

Legal Hotline routes Nebraska drivers searching for help with DUI charges and ALR deadlines. If you're licensed in Nebraska and want vetted DUI defense referrals from Omaha, Lincoln and across the state, you can join our attorney network. This is for lawyers only — if you've been arrested, call 1-844-690-0555 for free help instead.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Charged With DUI in Nebraska? Your License Clock Is Already Running