Nebraska DUI BAC Limits and Chemical Testing

The Three BAC Thresholds in Nebraska

Nebraska law sets three blood alcohol concentration thresholds that determine how a DUI case is charged and penalized:

0.08% — the standard per se limit. Any driver operating a personal vehicle with a BAC at or above 0.08% is legally intoxicated under Neb. Rev. Stat. § 60-6,196, regardless of whether they appear impaired. This triggers a first-offense Class W misdemeanor carrying a $500 fine, 7–60 days of potential jail time, and a 6-month license revocation (reduced to 60 days with probation).

0.15% — the aggravated threshold. A first-offense reading of 0.15% or higher escalates the penalties significantly: a mandatory one-year license revocation, and if probation is granted, either 2 days in jail or 120 hours of community service. The charge remains a Class W misdemeanor, but the sentencing floor rises. See Nebraska aggravated DUI for the full breakdown.

0.04% — the commercial driver limit. CDL holders operating a commercial motor vehicle are subject to the 0.04% BAC limit. A first-offense DUI arrest can still trigger a mandatory one-year CDL disqualification when the driver was operating a personal vehicle, and an Ignition Interlock Permit cannot be used to operate commercial vehicles.

How Breath Testing Works

At the arrest scene, the officer typically administers a preliminary breath test (PBT) using a handheld device. This roadside result is used to help establish probable cause; the evidentiary breath test is the reading prosecutors use in the criminal case.

The evidentiary breath test happens later, at the police station or detention facility, using a calibrated instrument (usually a DataMaster DMT or Intoxilyzer). This is the reading that prosecutors use in court. Nebraska law requires these machines to be calibrated according to Department of Health and Human Services (DHHS) regulations, with a strict 190-day calibration cycle. Any gap in the maintenance logs or an expired operator permit can become the basis for a defense motion to suppress the results.

The 10-day administrative deadline for your license starts on the arrest date when you submit to an evidentiary breath test or refuse testing at the scene. You have exactly 10 days to choose between requesting an ALR hearing or applying for an Ignition Interlock Permit.

How Blood Testing Works

Officers may use a blood draw as the evidentiary chemical test. The sample is sent to a laboratory for analysis, and the result can take days or weeks to finalize.

The critical difference with blood tests: results take days or weeks to process. When the lab confirms a BAC at or above 0.08%, the DMV mails a formal Notice of Administrative License Revocation. Your 10-day administrative clock starts on the mailing date printed on that notice, not on the date of your arrest. This gives blood-test cases a delayed but equally strict timeline.

Implied Consent and Refusal Consequences

Nebraska's implied consent law (Neb. Rev. Stat. § 60-6,197) means every licensed driver has already agreed to submit to a chemical test when an officer has probable cause. Refusing the evidentiary test triggers severe consequences that stack on top of the criminal charge:

• A mandatory one-year administrative license revocation
• A 90-day hard suspension before any restricted permit eligibility
• The refusal itself is treated as a Class W misdemeanor with the same penalty range as an aggravated DUI

For a detailed look at refusal penalties, see Nebraska DUI refusal penalties.

What the Numbers Mean for Your Case

Your BAC reading affects two parallel tracks. On the administrative side, a first failed chemical test carries a 180-day revocation, whether the BAC is standard or aggravated; a refusal carries a one-year revocation. On the criminal side, the BAC sets the sentencing floor your judge works from.

The Nebraska First-Offense DUI Guide maps both tracks against your specific BAC scenario, including the cost differences between standard and aggravated cases and how administrative credit works to prevent serving overlapping revocation periods.

See more Nebraska guides →