Nebraska Alcohol Related Laws and Regulations

Where to Buy Alcohol
Spirits are sold by privately owned retail stores, and beer, wine, and liquor are sold in most grocery and convenience stores. Although alcohol sales aren’t allowed before noon on Sundays, alcohol can be sold from 6 a.m. to 1 a.m. on Monday through Saturday in most places.

Legal Age for Drinking/Serving Alcohol
Even though you must be 21 to consume alcohol, at age 19 you are allowed to serve alcohol in a restaurant, sell spirits in a liquor store, and work as a bartender.

Open Container Laws
If the container of alcohol has been previously opened, it must be put in the trunk of the vehicle so the drivers and passengers do not have access.

BAC Limits
A driver is considered ‘per se intoxicated’ if they test positively with a blood-alcohol content (BAC) over the maximum legal limit of .08 percent. If they do test over the limit, they can be charged with DUI (driving under the influence). No other evidence is needed to prove the driver is guilty.

If the driver has a BAC of .15 percent over the legal limit of .08, they face penalties that are much more severe.

Drivers under the age of 21 are discouraged from drinking and driving by ‘zero tolerance laws.’ If a young driver’s chemical test indicated a BAC over .02 percent, they face DUI penalties.

Penalties
A driver can face a penalty of a driver’s license suspension for up to one year if they refuse to comply with a law enforcement officer’s request to engage in a breath, blood, or urine test, which will enable the officer to tell if they are intoxicated. This process falls under the ‘implied consent laws.’

A driver’s license may be suspended or removed by the DMV (Department of Motor Vehicles) in Nebraska. The mandatory suspension for a DUI offense is 90 days for the first offence and one year for the second and third offenses.

Confiscating a driver’s vehicle for a DUI conviction (either permanently or temporarily), or requiring mandatory alcohol education or treatment are not penalty options in Nebraska.  The installation of an ignition interlock system, however, is a penalty that is available to the courts.

After the fourth conviction, DUI is a felony.