Nebraska Aggravated DUI: High BAC Penalties and What Changes Above 0.15%

Nebraska treats a first-offense DUI differently depending on your blood alcohol concentration. Cross the 0.15% threshold and you're in aggravated territory — the penalties escalate significantly even though the charge is still a Class W misdemeanor.

The 0.15% line isn't a second offense. It's a first offense with enhanced consequences that make every part of the process harder.

Standard vs. Aggravated: What Actually Changes

A standard first-offense DUI (BAC between 0.08% and 0.149%) allows judges to grant probation with no jail time, a 60-day license revocation, and immediate IIP eligibility.

An aggravated first offense (BAC 0.15% or higher) changes the math:

With probation:

• 2 days in jail OR 120 hours of community service (mandatory — judge can't waive this)
• $500 fine
• One-year license revocation (not 60 days)
• IIP eligibility maintained, but the interlock period is longer
• Possible continuous alcohol monitoring (CAM) device requirement

Straight sentence (no probation):

• 7 to 60 days in jail
• $500 fine
• One-year license revocation

The biggest operational difference on the criminal track is the revocation length. A standard first offense with probation means 60 days of court-ordered revocation. An aggravated first offense means one year. On the administrative track, a first failed chemical test carries a 180-day revocation; a refusal carries one year.

The Administrative Track Still Runs the Same Way

The 10-day deadline and the IIP application process don't change because your BAC was high. You still get a 15-day temporary permit, you still have 10 days to choose between an ALR hearing and the IIP, and the IIP still activates on day 16 if approved.

What changes is what happens in criminal court if you receive an aggravated conviction. On the administrative track, a lost hearing after a failed chemical test means a 180-day hard suspension, including for an aggravated BAC; after a refusal, it means a full one-year revocation with no driving at all until criminal sentencing.

This makes the IIP decision even more weighted toward the waiver path for high-BAC cases. The risk of losing months of driving privileges on the hearing gamble is steeper.

Community Service: 120 Hours Is Serious

If the judge grants probation and you opt for community service instead of the two jail days, 120 hours is the equivalent of three full work weeks. Courts require completion within the probation period and verification through an approved program coordinator.

Most Nebraska counties require community service hours to be logged through specific organizations approved by the probation office — you can't just pick any charity. The probation officer assigns the provider and monitors completion.

Continuous Alcohol Monitoring

Aggravated first offenses are the threshold where courts may order a CAM device — typically a transdermal alcohol-monitoring ankle bracelet that tests perspiration for alcohol every 30 minutes. This is separate from the ignition interlock and runs on its own monitoring schedule with its own monthly fees.

Not every aggravated case gets a CAM order. Judges tend to impose it when the BAC was substantially above 0.15% or when the pre-sentence evaluation indicates problematic drinking patterns.

What This Means for Your Timeline

A standard first-offense DUI with probation can resolve its license consequences within 60 days. An aggravated offense stretches that to a year minimum. Factor in the interlock maintenance, SR-22 insurance requirements, and possible CAM monitoring, and you're looking at 12 to 15 months of active compliance obligations.

The Nebraska First-Offense DUI Guide covers both standard and aggravated penalty tracks, including the interlock timeline differences and how administrative credit works to reduce overlapping revocation periods.

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