How long does a DUI stay on your record in Nebraska?

In Nebraska, a DUI conviction stays on your permanent driving record forever. However, it will only be used to enhance charges for 15 years after the conviction date. This 15 year period is known as the “lookback window” in Nebraska.

According to Nebraska Revised Statute 60-6,197.02, any prior DUI conviction within the past 15 years can be used to enhance a subsequent DUI charge to a higher offense level. For example, a 2nd offense DUI within 15 years would be charged as a Class W misdemeanor instead of a Class W infraction.

After 15 years, the prior DUI can no longer be used to enhance charges for a new DUI arrest. However, it still remains on your criminal record permanently as all convictions do.

Key Takeaways:

• A DUI conviction stays on your permanent criminal record forever in Nebraska.

• The conviction can be used to enhance penalties for a new DUI arrest for 15 years after the conviction date. This 15 year window is known as the “lookback period”.

• After 15 years, the prior DUI can no longer enhance a new charge, but still remains on your record.

• A 2nd offense DUI within 15 years is enhanced to a Class W misdemeanor instead of a Class W infraction.

• Your driving record and auto insurance rates can still be negatively affected by a DUI even after 15 years.

Frequently Asked Questions

What is the lookback period in Nebraska?

The DUI lookback period in Nebraska is 15 years. This means any prior DUI convictions in the last 15 years can be used to enhance a new DUI charge to a more serious offense.

How long will a DUI affect my insurance rates?

Insurance companies typically review your driving history for the last 3-5 years when calculating premiums. However, a DUI conviction can negatively impact your insurance rates for much longer in many cases.

Can I get a DUI removed from my record in Nebraska?

No, a DUI conviction can never be fully removed from your criminal record in Nebraska. The only exception is a pardon from the Nebraska Board of Pardons.

Can I get my license back after a DUI in Nebraska?

Yes, for a first offense you can get an ignition interlock permit after 30 days of no driving, and your full license back after 45 days of using the interlock. Time periods are longer for repeat offenses.

What happens if I get a second DUI in Nebraska?

A second DUI within 15 years of the first will be charged as a Class W misdemeanor instead of a Class W infraction, with harsher penalties.

Nebraska Revised Statute 60-6,197.02

(1) Any person who operates or is in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug or when such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood or per two hundred ten liters of his or her breath shall be guilty of a crime and upon conviction punished as follows:

(a) If such person has not had a prior conviction, such person shall be guilty of a Class W infraction, and the court shall, as part of the judgment of conviction, order that the operator’s license of such person be revoked for a period of six months from the date ordered by the court. The revocation order shall require that the person apply for an ignition interlock permit pursuant to section 60-6,211.05 for the revocation period and have an ignition interlock device installed on any motor vehicle he or she operates during the revocation period. Such revocation shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order that the operator’s license of such person be revoked for a period of sixty days from the date ordered by the court. The court shall order that during the period of revocation the person apply for an ignition interlock permit pursuant to section 60-6,211.05. Such order of probation or sentence suspension shall also include, as one of its conditions, the payment of a five-hundred-dollar fine;

(b) If such person has had one prior conviction, such person shall be guilty of a Class W misdemeanor, and the court shall, as part of the judgment of conviction, order that the operator’s license of such person be revoked for a period of one year from the date ordered by the court. The revocation order shall require that the person apply for an ignition interlock permit pursuant to section 60-6,211.05 for the revocation period and have an ignition interlock device installed on any motor vehicle he or she operates during the revocation period. Such revocation shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked. The court shall also sentence such person to serve at least five days’ imprisonment in the city or county jail or an adult correctional facility.

If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order that the operator’s license of such person be revoked for a period of one year from the date ordered by the court. The revocation order shall require that the person apply for an ignition interlock permit pursuant to section 60-6,211.05 for the revocation period and have an ignition interlock device installed on any motor vehicle he or she operates during the revocation period. The court shall also order that during the period of revocation the person shall pay a five-hundred-dollar fine;

(c) If such person has had two prior convictions, such person shall be guilty of a Class W misdemeanor, and the court shall, as part of the judgment of conviction, order that the operator’s license of such person be revoked for a period of fifteen years from the date ordered by the court and shall issue an order pursuant to section 60-6,197.01. Such orders shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked. The court shall also sentence such person to serve at least ten days’ imprisonment in the city or county jail or an adult correctional facility.

If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order that the operator’s license of such person be revoked for a period of at least two years but not more than fifteen years from the date ordered by the court. The revocation order shall require that the person apply for an ignition interlock permit pursuant to section 60-6,211.05 for the revocation period and have an ignition interlock device installed on any motor vehicle he or she operates during the revocation period. The court shall also order that during the period of revocation the person shall pay a five-hundred-dollar fine;

(d) If such person has had three or more prior convictions, such person shall be guilty of a Class IIIA felony, and the court shall, as part of the judgment of conviction, order that the operator’s license of such person be revoked for a period of fifteen years from the date ordered by the court and shall issue an order pursuant to section 60-6,197.01. Such orders shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked. The court shall also sentence such person to serve at least ninety days’ imprisonment in the city or county jail or an adult correctional facility.

If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order that the operator’s license of such person be revoked for a period of at least five years but not more than fifteen years from the date ordered by the court. The revocation order shall require that the person apply for an ignition interlock permit pursuant to section 60-6,211.05 for the revocation period and have an ignition interlock device installed on any motor vehicle he or she operates during the revocation period. The court shall also order that during the period of revocation the person shall pay a one-thousand-dollar fine; and

(e) The court shall not suspend any part of the mandatory minimum sentence of imprisonment provided for in this subsection.

(2) If such person does not have a prior conviction, the court shall, as part of the judgment of conviction, order such person not to drive any motor vehicle for any purpose for a period of six months and such order of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked. Such order shall be administered by the court by taking physical possession of the operator’s license of such person for such period of six months.

(3) The crimes punishable under this section shall be treated as separate and distinct offenses from any other offenses arising out of the same conduct and shall be tried separately from any other offenses, and the evidence of conviction or acquittal of any such other offenses shall not be admissible in the trial of the crimes punishable under this section.

(4) Upon conviction of any person for a violation punishable under this section, the court shall instruct the defendant in open court and in writing not to operate any motor vehicle in the State of Nebraska for any purpose for a period of one year from the date ordered by the court. Such order of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

Full text: https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,197.02

Source: Nebraska Legislature – https://nebraskalegislature.gov/

Citations:

[1] https://sopinskilaw.com/blog/how-long-does-a-dui-stay-on-your-record-in-nebraska/

[2] https://www.monzonlaw.com/blog/2018/10/what-is-the-length-of-the-dui-look-back-window-in-nebraska/

[3] https://www.criminaldefensene.com/dui-blog/dui-conviction-2/

[4] https://quotewizard.com/auto-insurance/how-long-does-a-dui-stay-on-your-record

[5] https://www.responsibility.org/alcohol-statistics/state-map/state/nebraska/issue/dui-look-back-periods/

[6] https://www.insurancenavy.com/how-long-does-dui-stay-on-your-record/