Is a DUI a felony in Nebraska?
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At the fourth — or at the third if the reading was 0.15 or you refused. Nebraska keeps DUI a misdemeanor further up the ladder than most states — even a third offence with two prior convictions and an ordinary reading is still a Class W misdemeanor, carrying thirty days on probation and a fifteen-year revocation. The felony arrives by one of two routes. The first is the third offence with an aggravating fact: two prior convictions plus a reading of fifteen-hundredths or more, or a refusal to submit to the test, makes it a Class IIIA felony with revocation for fifteen years and a sentence of at least 180 days. On probation that becomes a $1,000 fine, sixty days’ confinement, and then continuous alcohol monitoring with total abstention for no less than sixty days after release. The second route is simply the fourth offence: three prior convictions, whatever the reading, is a Class IIIA felony on the same 180-day and fifteen-year terms. Reinstatement is gated on the interlock having been installed for the full court-ordered period, not on the calendar alone.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in NE — and the paperwork will use none of them. Nebraska charges it under a section number, and that is what decides the range below.
Grade. Class IIIA felony
Confinement. At least 180 days in jail or an adult correctional facility
Fine. $1,000 as a condition of probation
Nebraska Revised Statute § 60-6,197.03 · Neb. Rev. Stat. § 60-6,197.03(4), (6), (7); § 60-6,197.01 · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A third offence with a reading of 0.15 or a refusal | Class IIIA felony, at least 180 days | Two prior convictions alone leave the offence a Class W misdemeanor. Add a reading of fifteen-hundredths or more, or a refusal to submit to the test, and the same third offence becomes a Class IIIA felony with revocation for fifteen years. Nebraska Revised Statute § 60-6,197.03 · Neb. Rev. Stat. § 60-6,197.03(4), (6) · checked 2026-09-06 |
| A fourth offence, whatever the reading | Class IIIA felony, at least 180 days | Three prior convictions make it a felony without any aggravating fact. Revocation runs fifteen years, and on probation the conditions include a $1,000 fine and confinement in the city or county jail. Nebraska Revised Statute § 60-6,197.03 · Neb. Rev. Stat. § 60-6,197.03(7) · checked 2026-09-06 |
The device is a separate track
Nebraska frames it as a choice you make instead of fighting: waive your right to an Administrative License Revocation hearing and apply for an Ignition Interlock Permit. You must be a Nebraska resident, at least 18 with a license already issued, clear of other suspensions, and you must serve any required waiting period first.
In Nebraska the interlock term runs Set by revocation and is administered by Nebraska DMV, Financial Responsibility Division — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Nebraska DUI questions
Is a DUI a felony in Nebraska?
At the fourth — or at the third if the reading was 0.15 or you refused. Nebraska keeps DUI a misdemeanor further up the ladder than most states — even a third offence with two prior convictions and an ordinary reading is still a Class W misdemeanor, carrying thirty days on probation and a fifteen-year revocation. The felony arrives by one of two routes. The first is the third offence with an aggravating fact: two prior convictions plus a reading of fifteen-hundredths or more, or a refusal to submit to the test, makes it a Class IIIA felony with revocation for fifteen years and a sentence of at least 180 days. On probation that becomes a $1,000 fine, sixty days’ confinement, and then continuous alcohol monitoring with total abstention for no less than sixty days after release. The second route is simply the fourth offence: three prior convictions, whatever the reading, is a Class IIIA felony on the same 180-day and fifteen-year terms. Reinstatement is gated on the interlock having been installed for the full court-ordered period, not on the calendar alone. A third offence with a reading of 0.15 or a refusal: class iiia felony, at least 180 days. A fourth offence, whatever the reading: class iiia felony, at least 180 days.
What does a 3rd DUI in Nebraska carry?
Class IIIA felony: at least 180 days in jail or an adult correctional facility, and a fine of $1,000 as a condition of probation. The range is set by Neb. Rev. Stat. § 60-6,197.03(4), (6), (7); § 60-6,197.01, and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Nebraska?
A third offence with a reading of 0.15 or a refusal — class iiia felony, at least 180 days. A fourth offence, whatever the reading — class iiia felony, at least 180 days.
Does an interlock come with it in Nebraska?
Nebraska frames it as a choice you make instead of fighting: waive your right to an Administrative License Revocation hearing and apply for an Ignition Interlock Permit. You must be a Nebraska resident, at least 18 with a license already issued, clear of other suspensions, and you must serve any required waiting period first. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Nebraska DMV, Financial Responsibility Division.
Other steps in Nebraska: second offense penalties and first offense penalties.
All Nebraska DUI rules →Penalties across the states →Nebraska DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.