A DUI charge in Nebraska can feel overwhelming, especially when so much of what happens during a traffic stop and afterward is misunderstood. Many people assume they know their rights and obligations once red and blue lights appear in the rearview mirror, but the reality of Nebraska DUI law is more nuanced than most drivers expect. Whether you are trying to understand what an officer is looking for during a stop, whether to submit to testing, or what penalties you might be facing, getting accurate information matters.

This guide walks through what actually happens during a Nebraska DUI stop, why the decision to refuse or agree to certain tests carries very different consequences depending on the type of test, what the state’s penalty structure looks like for a first offense, and when a charge might be reduced or dismissed altogether. None of this is a substitute for legal advice tailored to your specific situation, but it should help clear up some of the most common points of confusion.

What Happens During a Nebraska DUI Traffic Stop

Most people assume a DUI stop begins because an officer suspects impairment from the start. In reality, the vast majority of DUI investigations begin with something unrelated, a broken taillight, an expired registration, or a driver drifting within their lane or crossing the fog line. It is only after the stop begins that an officer starts looking for signs of impairment.

Once you are pulled over, officers are trained to observe a handful of specific things. They watch your eyes for signs of impairment, they listen closely to your speech for slurring or unusual patterns, and they pay attention to your general demeanor. They also watch how you handle everyday tasks like pulling out your license, insurance, and registration. Fumbling with your wallet, struggling to locate your documents, or a strong smell of alcohol or marijuana in the vehicle can all shift a routine traffic stop into a full DUI investigation, even if the original reason for the stop had nothing to do with impaired driving.

Chemical Testing vs. Field Sobriety Tests

One of the most important distinctions in Nebraska DUI law is the difference between chemical testing and field sobriety testing, and drivers frequently get this backwards.

Chemical testing, most commonly a breathalyzer, should never be refused in Nebraska. Refusing a breathalyzer is treated as its own separate criminal offense, and the penalties for refusal are the same as the penalties for a DUI conviction itself. This holds true even if you would have tested under the legal limit. In other words, refusing the breathalyzer does not protect you, it simply guarantees the same consequences you were trying to avoid while removing any scientific evidence that might have worked in your favor.

Field sobriety tests are a different matter entirely. These are the roadside exercises, like walking a straight line or standing on one leg, that officers use to build a case for impairment. Unlike chemical testing, these tests are voluntary, and they are notoriously difficult to pass under the best of circumstances, let alone on the side of a road at night. Declining a field sobriety test is not the same as refusing a legally required test, and it does not carry the same penalties as refusing a breathalyzer. If an officer asks you to perform field sobriety tests, you can politely decline. There is no need to be combative, simply and calmly let the officer know you will not be participating in field sobriety testing. If asked why, a simple statement that you do not answer questions is sufficient.

There is also a third category of testing that applies specifically to suspected narcotic impairment. This type of evaluation is not conducted roadside, it takes place at a police station under controlled conditions with a specially trained officer. Unlike field sobriety tests, this type of testing should always be complied with when requested.

Nebraska DUI Penalties for a First Offense

Nebraska applies statewide mandated minimum penalties for a first DUI offense, though how those penalties play out can vary significantly from county to county.

For a first offense with a blood alcohol concentration under 0.15, the standard penalty includes a $500 fine, a jail sentence of seven to fourteen days, and a six month license revocation. When the blood alcohol concentration is 0.15 or higher, the consequences increase substantially, with license revocation extending up to a full year and potential jail time reaching up to sixty days in some counties.

One detail that surprises a lot of people is that jail time is not always mandatory in practice, even when it appears that way on paper. Some Nebraska counties allow eligible first time offenders to serve their sentence through house arrest rather than in a jail facility. Lancaster County is one example of a county that permits this option, allowing a person to serve their sentence at home while still being able to go to work, attend school, or visit a doctor. Douglas County, by contrast, does not currently offer this option, which is part of why the county where a DUI charge is filed can matter just as much as the facts of the case itself.

When a DUI Charge Can Be Reduced or Dismissed

Not every DUI charge in Nebraska ends in a conviction on the original charge. There are circumstances where a charge can be reduced or dismissed entirely, and the most common factor that opens the door to this outcome is a low chemical test result.

Blood alcohol testing equipment carries a built in margin of error, generally understood to be about 0.01. This means that a test result close to the legal limit, for example 0.085 or 0.09, falls within the equipment’s tolerance range. When a result falls in this range, prosecutors are often more willing to discuss a reduction, such as amending the charge to reckless driving, or in some cases dismissing the charge outright, particularly for a first time offense.

A person’s prior history plays a significant role in how these conversations go. Someone with a lengthy history of DUI charges is far less likely to see a reduction or dismissal than someone facing their very first charge. In cases involving a low test result and no significant prior history, it is also sometimes possible to avoid a driver’s license revocation altogether.

The Bottom Line

Nebraska DUI law involves a lot of moving pieces, and the decisions you make in the moments after you are pulled over, along with the specific facts of your case and even the county where you are charged, can all shape the outcome. Understanding the difference between chemical testing and field sobriety testing, knowing what penalties you may be facing, and recognizing when a reduction or dismissal might be on the table are all important first steps. None of this replaces sitting down with someone who can review the specifics of your situation and build a strategy around it.