Nebraska DUI Law Explained

In Nebraska, the offense of drunk driving is referred to as Driving Under the Influence (DUI).

It is unlawful for any person to operate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug. It is important to keep in mind that you don't have to be at any particular alcohol to get a DUI for being impaired. You only need to be under the influence of alcohol or drugs.

The various types of Nebraska DUI law

PER SE DUI - It is unlawful for a person to operate or be in actual physical control of a motor vehicle when the person has a blood alcohol content (BAC) of .08 or higher.

MINORS - Under Nebraska DUI law, persons under the age of 21 are prohibited from operating or being in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs. Minors under the age of 21 will be arrested and charged with DUI if they have a BAC of .02 or higher.

COMMERCIAL VEHICLES - Drivers of commercial vehicles may be arrested and charged with DUI if they have a BAC of .04 or higher.

DUI SERIOUS BODILY INJURY - Any person who proximately causes serious bodily injury to another person or unborn child of a pregnant woman while operating a motor vehicle under the influence of alcohol and/or drugs will be charged with a Class IIIA felony. "Serious bodily injury" means bodily injury which involves a substantial risk of death or permanent disfigurement, or a temporary or protracted loss or impairment of the function of any part or organ of the body.

CHEMICAL TEST REFUSAL - Persons who refuse to submit to chemical testing of their blood, breath, or urine upon a lawful request by the police during a Nebraska DUI arrest will be charged with a refusal and fined $100. They will also risk losing their driving privileges through the administrative license revocation process (see the Nebraska license suspensions article for more information).

VEHICULAR HOMICIDE - Nebraska DUI suspects who have been involved in an accident that results in the death of another may be charged with vehicular homicide, a felony offense that carries a possible prison term of up to 50 years.