New DUI/DWI Laws in Nebraska

Beginning January 1, 2012, new laws relating to prosecutions for Driving Under the Influence (DUI, DWI, OMWI) went into effect.  Many of the old rules still apply; however, significant changes were made regarding license revocations and the use of the Interlock Device.

Probably the four most important changes relating to DUI’s that took place were:

1. Any DUI conviction within 15 years will qualify as a valid conviction for purposes of enhancing a DUI charge to a subsequent offense (i.e. if you were convicted of DUI in 1998 and are now pulled over for DUI in 2012, you will be charged with a 2nd offense DUI=prior to 2012, the lookback period was only 12 years);

2. If you do not request an administrative hearing with the DMV (ALR Hearing), you will be allowed to receive the Interlock prior to going to court (immediately on 1st offense DUI cases and following a 45 day no driving period on a subsequent DUI offense);

3. First offense administrative license revocations (ALR Revocations) with the Nebraska Department of Motor Vehicles are 6 months (previously it was 90 days); and

4. The Interlock Device is now mandatory for persons convicted of a First Offense DUI charge in Nebraska.

**As of July 1, 2013, the license revocation period for second offense DUI’s was increased from one year to eighteen months.