Related Services > Nebraska Legal Facts About Drinking

The Choice to Drink Alcohol is Up to You.

Nebraska State Legal Actions Regarding Alcohol Related Incidents Blood Alcohol Content (BAC) of .08 or More (effective 09-01-01).

Minor in Possession

First Offense:	Second Offense:	Third Offense:
Fine: $250	Fine: $500	Fine: $500
Jail: No	Jail: No	Jail: 2 days

 

NOTES: The costs above do not include legal fees and problems associated with missed time at school or at work. The fines listed are at the lower end of the spectrum and could range from $500 - $1000.

Minor in Consumption: New laws in effect. Call the County Attorney at (402) 375-3585 for more information.

First Offense:

• Fine and/or probation likely

• 2 or more offenses may lead to jail time

Driving Under the Influence (DUI) Information gathered from the Nebraska Department of Motor Vehicles - Based on BAC .08 to less than .15 (Class W Misdemeanor):

*First Offense:
Minimum:	Maximum:
7 days in jail	60 days in jail
6-month license revocation	6-month license revocation
$400 fine	$500 fine
If Probation: 60-day license revocation; $400 fine

 

*Second Offense:
Minimum:	Maximum:
30 days in jail	90 days in jail
1-year license revocation	1-year license revocation
$500 fine	$500 fine
If Probation: 10 days in jail or not less than 240 hours of community   service; 1-year license revocation; $500 fine

 

*Third Offense:
Minimum:	Maximum:
90 days in jail	1 year in jail
15-year license revocation	15-year license revocation
$600 fine	$600 fine
If Probation: 30 days in jail; 2- 15 year license revocation; $600 fine

 

*Fourth Offense:
Minimum:	Maximum:
180 days in jail	5 years in jail
15-year license revocation	15-year license revocation
$1,000 fine	$10,000 fine
If Probation: 90 days in jail; 15-year license revocation; $1,000 fine

 

NOTES: BAC level of .15 or higher can increase minimum/maximum penalties. Fines do not include court costs or legal fees. Alcohol Evaluation, Alcohol Treatment, and AA Meetings probable. Fifth conviction (or more) is a Class III Felony charge: Maximum penalties can be 20 years in jail, 15-year license revocation, and $25,000 fine.

 

IF you are driving while impaired and get in an accident and do serious bodily injury to another person, it is a Class IIIA Felony and maximum penalties can be 5 years in jail, up to 15-year license revocation, and $10,000 fine. If an accident takes the life of another person, even it it is your first offense for DUI, it is a Class III Felony. If you have prior DUI convictions, it is a Class II Felony. Maximum penalties can be 20 (Class III) to 50 (Class II) years in jail and 1-15 year license revocation. Click here to print a PDF file of the DUI information...

Procuring (buying alcohol for minors)

First Offense (maximum):

• Fine: $1000

• Jail: One (1) year

• 400 hours of community service

First Offense (usual):

• $500 fine and jail time

• Judge can order a fine, jail time, or both, depending on circumstances

Second and subsequent Offenses:

• No data at this time

NOTES: Consequences vary according to circumstances and details of the case. Students lying about where they drank (saying they didn't consume at the party, but at home - which is legal) can be charged with False Reporting (a Class 1 Misdemeanor) and jail time will be pursued.

For more information, come to the Counseling Center in Room 103 of the Student Center or call (402) 375-7321.

Related Links:

 

 — Alcohol 101

 — Alcoholics Anonymous

 — BAC Calculator

 — Drug Free Schools Act

 — Effective Abstinence

 — Recovery Medicine Wheel

 

_________________________
Ron Vick, MA, LPC
Counselor / Academic Advisor
Int'l Student Advisor