A second DUI in Nebraska
Verified · next review
Ten days in jail or 240 hours of community service — unless the reading was 0.15. Nebraska writes the second DUI as two different offences depending on the reading. With one prior conviction and an ordinary reading it stays a Class W misdemeanor: the licence is revoked for eighteen months, the driver may not drive at all for forty-five days, an interlock permit and device are required for at least a year, and probation carries a $500 fine plus either ten days in the city or county jail or not less than 240 hours of community service. At fifteen-hundredths or more, or on a refusal to submit to the test, the same second offence becomes a Class I misdemeanor and the arithmetic changes completely — a $1,000 fine, revocation of at least eighteen months and up to fifteen years, and a sentence of at least ninety days’ imprisonment in jail or an adult correctional facility. Reinstatement is not available until the interlock has been installed for the full period the court ordered.
Written any number of ways — a 2nd DUI, a DUI 2nd, a 2nd offense DUI, or a second 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 W misdemeanor; Class I misdemeanor at 0.15 or on a refusal
Confinement. Ten days in the city or county jail, or not less than 240 hours of community service, as a condition of probation; at least 90 days at 0.15 or on a refusal
Fine. $500; $1,000 at 0.15 or on a refusal
Nebraska Revised Statute § 60-6,197.03 · Neb. Rev. Stat. § 60-6,197.03(3), (5); § 60-6,211.05 · 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 there a 2nd DUI in Nebraska with no jail time?
Nebraska writes the second DUI as two different offences depending on the reading. With one prior conviction and an ordinary reading it stays a Class W misdemeanor: the licence is revoked for eighteen months, the driver may not drive at all for forty-five days, an interlock permit and device are required for at least a year, and probation carries a $500 fine plus either ten days in the city or county jail or not less than 240 hours of community service. At fifteen-hundredths or more, or on a refusal to submit to the test, the same second offence becomes a Class I misdemeanor and the arithmetic changes completely — a $1,000 fine, revocation of at least eighteen months and up to fifteen years, and a sentence of at least ninety days’ imprisonment in jail or an adult correctional facility. Reinstatement is not available until the interlock has been installed for the full period the court ordered.
How likely is jail time for a second DUI in NE?
Start from what the statute forces and what it leaves to the judge. The floor here is ten days in the city or county jail, or not less than 240 hours of community service, as a condition of probation; at least 90 days at 0.15 or on a refusal. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 2nd DUI in Nebraska?
Class W misdemeanor; Class I misdemeanor at 0.15 or on a refusal: ten days in the city or county jail, or not less than 240 hours of community service, as a condition of probation; at least 90 days at 0.15 or on a refusal, and a fine of $500; $1,000 at 0.15 or on a refusal. The range is set by Neb. Rev. Stat. § 60-6,197.03(3), (5); § 60-6,211.05, and the figures on this page come from the statute rather than from a summary of it.
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: when it becomes a felony 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.