Nebraska DUI First Offense: Penalties, License Loss, and What Happens Next

A first-offense DUI in Nebraska triggers two separate legal processes at the same time — an administrative track through the DMV and a criminal case in county court. Most people don't realize these run independently, and missing the administrative deadline can cost you your license for months even if your criminal case gets dismissed.

Here's what you're actually facing and what to do about it.

The Dual-Track System: DMV and Criminal Court

Nebraska splits every DUI into two proceedings that have nothing to do with each other:

The DMV administrative track starts with the arrest for a breath-test failure or refusal; in a blood-test case, the DMV mails the notice and temporary permit after the results are processed, and the 10-day clock starts on the notice's mailing date. For either path, you have exactly 10 days to petition for an Administrative License Revocation (ALR) hearing or waive that hearing and apply for an Ignition Interlock Permit (IIP). Miss both deadlines and your driving privileges end automatically on day 16 of the applicable temporary-permit period.

The criminal court track begins when the county or city attorney files a formal complaint. Your arraignment is typically two to four weeks after the arrest. This track moves slower — three to six months from arraignment through sentencing.

The critical mistake people make is assuming the arraignment date on their citation means they have weeks to deal with their license. The DMV doesn't wait for the court. Its 10-day clock runs regardless.

Penalties for a Standard First Offense (BAC 0.08%–0.149%)

A first-offense DUI with a BAC between 0.08% and 0.149% is classified as a Class W misdemeanor. Penalties depend on whether the judge grants probation:

With probation (most common for first offenses):

• $500 mandatory fine
• 60-day license revocation (IIP eligible immediately)
• Mandatory substance abuse evaluation and treatment
• No jail time required

Straight sentence (no probation):

• 7 to 60 days in jail
• $500 mandatory fine
• 6-month license revocation

Aggravated first offenses (BAC 0.15% or higher) and chemical test refusals carry harsher penalties, including a one-year license revocation and mandatory jail time or community service even with probation.

Your First 10 Days After the Applicable Trigger

The most consequential decisions happen in the first 10 days after the applicable trigger. Here's the sequence:

1. Locate your Sworn Report and temporary permit — for a breath-test failure or refusal, these are the multi-part documents the officer gave you at the scene; a blood-test case uses the DMV's mailed notice and temporary permit.
2. Decide: ALR hearing or IIP — these are mutually exclusive. Filing for a hearing forfeits your immediate IIP eligibility. If you lose the hearing, you can't get an IIP until after criminal sentencing.
3. If choosing the IIP path: schedule ignition interlock installation, get SR-22 insurance filed with the DMV, and submit your IIP application (Form FR-IIP) before day 10 of the applicable window.
4. Pay the $47.50 permit fee at the County Treasurer's office on day 16 when your temporary permit expires and the IIP activates.

For most first-time offenders with a standard BAC, the IIP path is the safer choice — if approved, it keeps you driving continuously without any gap.

What the Process Costs

A standard IIP-route example for a first-offense DUI in Nebraska totals about $1,916–$2,855 in its first year, before attorney fees and separate calibration or service charges. Major line items:

• Substance abuse evaluation: ~$278
• Court fine: $500
• SR-22 insurance filing: $25–$50 (plus premium increases)
• Ignition interlock installation: $150–$200
• Interlock monthly lease: $55–$97/month for the compliance period
• IIP permit fee: $47.50
• License reinstatement fee: $125

Drivers who meet poverty-related eligibility can apply for the Nebraska Interlock Indigent Fund, which covers installation, removal, and monthly monitoring fees for up to one year.

After Sentencing: Getting Your Full License Back

Once you've completed your revocation period, substance abuse treatment, and any probation conditions, license reinstatement requires:

• Paying the $125 reinstatement fee (online, cashier's check, or money order — no personal checks)
• Filing proof of current SR-22 insurance (maintained for three years from the date you become eligible for full license reinstatement)
• Retaking written and driving exams at a DMV exam station

Administrative credit works in your favor here: any time served on an IIP under the DMV track counts day-for-day against the court-ordered revocation. If you secured an IIP early and served 60 days before sentencing, a 60-day court revocation is already satisfied.

The Nebraska First-Offense DUI Guide walks through every step of both tracks — the 10-day IIP application, criminal court preparation, cost worksheets, and the full reinstatement process — in one sequential document so nothing falls through the cracks.

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