Nebraska (NE) - State Requirements for Ignition Interlock Devices
The Nebraska Ignition Interlock Program
The administrative penalties include license revocation and a possible interlock requirement. The criminal penalties are determined in court and can vary depending on a variety of factors. Those factors include the offender’s blood alcohol content (BAC), if probation was granted, and if there are previous DUI offenses on record. Offenders who have their license revoked may be eligible to regain driving privileges sooner if they install a state-approved ignition interlock device.
In Nebraska, some offenders are eligible to regain their driving privileges after serving some of their revocation period. The devices must be installed by an approved provider, and test results are monitored by the state as well. This means failed tests or attempts to tamper with the device are reported to the state.
What Happens if I Get a DUI in Nebraska?
There are administrative and criminal penalties for DUI in Nebraska, and the penalties increase if there are prior offenses or specific circumstances. Additional penalties may be assessed if the offense caused injury, death, property damage, or if there were other crimes associated.
First DUI Offense
- Seven to 60 days in jail
- $500 in fines
- Six months license revocation (one year if BAC > .15 percent)
- May be required to install an interlock device to regain driving privileges (and wait 45 days if BAC > .15 percent)
Second DUI Offense
- 30 to 180 days in jail (90 days to one year if BAC >.15 percent)
- $500 fine (up to $1,000 if BAC > .15 percent)
- 18 months in jail (up to 15 years if BAC > .15 percent)
- May be required to install an interlock device and wait 45 days to regain driving privileges
Third DUI Offense
- 90 days to one year in jail (180 days to three years if BAC > .15 percent)
- $1,000 in fines
- Two to 15 years (Five to 15 years if BAC > .15 percent)
- May be required to install an interlock device
What Happens if I Fail to Complete or Refuse to Submit to a DUI Test in Nebraska?
The Board of Pardons and Pleas now allows individuals who have their license revoked for 15 years to apply for a reprieve, and have their license reinstated. As part of the process, offenders may be approved for a Restricted Permit that would require them to install an ignition interlock device. If they do install an IID, they would have to follow the standard process for doing so in Nebraska.
Like many states, Nebraska has an implied consent law. This means that if any driver is arrested on suspicion of DUI, they must undergo a BAC test. If the driver refuses the test, their license will be revoked for 180 days, up to 15 years if there are prior instances.
How Do I Regain Driving Privileges in Nebraska?
Eligible offenders can regain driving privileges if they meet certain criteria. Here is how offenders can get back on the road with an IID permit:
- Offender must waive their right to an Administrative License Revocation hearing
- Must be 18 years old
- Meet all criteria for license reinstatement for any other suspension or revocation requirements on record (if driver has previous non-alcohol offenses that resulted in revocation, for example)
- Wait out any required portion of the revocation period
- Complete and submit the IID permit application, or a court order indicating an IID is recommended
- Show a certificate of interlock device installation from an approved provider, like Intoxalock (this is provided by Intoxalock technicians at installation)
- Surrender your Nebraska driver’s license (unless it has expired)