Alcohol limits, implied consent and revocation

Key points

1. No one in a vehicle on a public road, driver or passenger, may drink or hold an open container of alcohol.

   Source: Handbook p. 24

   “It is unlawful to consume or be in possession of an open container of an alcoholic beverage inside any vehicle on any public roadway or public parking area in Nebraska. This includes both drivers and passengers.”
   Nebraska Driver's Manual, Handbook p. 24

2. It is unlawful to drive with a BAC of .02% or higher if under 21, .04% or higher in a commercial vehicle, or .08% or higher for anyone.

   Source: Handbook p. 24

   “.02% or higher and the driver is under 21. .04% or higher when operating a commercial motor vehicle. .08% or higher regardless of driver's age or vehicle type.”
   Nebraska Driver's Manual, Handbook p. 24

3. By driving in Nebraska, you have already agreed to a chemical test when an officer requests it.

   Source: Handbook p. 24

   “Any driver that operates a vehicle on Nebraska roadways has already agreed to submit to a chemical test or tests when requested”
   Nebraska Driver's Manual, Handbook p. 24

4. The administrative penalty for refusing a test is 1 year of license revocation.

   Source: Handbook p. 24

   “The administrative sanction for refusal is one year of license revocation.”
   Nebraska Driver's Manual, Handbook p. 24

5. A first offender who fails an alcohol test serves a 180 day administrative revocation; later offenders serve 1 year.

   Source: Handbook p. 20

   “First time offenders who fail an alcohol test serve a 180 day administrative license revocation (ALR). Subsequent offenders who fail an alcohol test serve a one year ALR.”
   Nebraska Driver's Manual, Handbook p. 20

6. After an arrest, the temporary license expires 15 days after it is issued.

   Source: Handbook p. 20

   “Drivers receive a temporary license which expires 15 days after it is issued.”
   Nebraska Driver's Manual, Handbook p. 20

7. An underage .02% conviction means a 30 day court impoundment of the license.

   Source: Handbook p. 20

   “For a conviction of .02% the license will be impounded by the court for 30 days”
   Nebraska Driver's Manual, Handbook p. 20

8. An underage refusal conviction means a 90 day court impoundment.

   Source: Handbook p. 20

   “If the conviction is for an underage refusal, the court will impound the license for 90 days”
   Nebraska Driver's Manual, Handbook p. 20

9. Subsequent offenders must wait 45 days after the temporary license expires to apply for an ignition interlock permit.

   Source: Handbook p. 21

   “Subsequent offenders must wait 45 days after the temporary license expires to be eligible to apply for the IIP during an ALR revocation.”
   Nebraska Driver's Manual, Handbook p. 21

Numbers to know

3 questions from the Nebraska practice test

1. 1. What is the lowest BAC threshold for Nebraska's under-21 alcohol driving rule?

   1. .02% or higher
   2. .00% only
   3. .04% or higher
   4. .08% or higher only
   Show answer

   .02% or higher. Nebraska makes driving unlawful at .02% BAC or higher for a driver under 21. The .04% figure applies when operating a commercial motor vehicle, while .08% is the broader threshold listed regardless of driver age or vehicle type. The under 21 rule is therefore stricter than the ordinary adult threshold, and it does not require a reading of .08 before a violation exists. When a question gives both age and BAC, apply the age specific threshold first. Also remember that alcohol and driving can impair decisions well before the highest legal number is reached.

2. 2. What BAC threshold applies in Nebraska when a person is operating a commercial motor vehicle?

   1. .04% or higher
   2. .02% or higher
   3. .06% or higher
   4. .08% or higher only
   Show answer

   .04% or higher. The manual lists .04% BAC or higher for operation of a commercial motor vehicle. That is lower than the general .08% threshold and different from the .02% threshold for a driver under 21. The question turns on the vehicle category, so do not substitute the ordinary adult limit simply because the driver is over 21. A commercial vehicle triggers its own figure. The safest operational reminder is that a lower legal threshold does not make alcohol use safe, and Nebraska separately warns that alcohol or other drugs impair decision making and vehicle control.

3. 3. What administrative license sanction does Nebraska impose for refusing a requested chemical test?

   1. A permanent revocation in every case
   2. A warning with no license action
   3. A seven day suspension
   4. A one year license revocation
   Show answer

   A one year license revocation. Refusing a requested blood, breath, or urine test brings a one year administrative license revocation under Nebraska's implied consent rules. The refusal is also a separate crime, and the manual says criminal penalties can match those for a DUI conviction at .15 BAC or above. A warning, a seven day suspension, or an automatic permanent revocation misses the stated administrative sanction. The key cue is that operating on Nebraska roadways already carries agreement to submit when law enforcement requests the test. Refusal therefore creates consequences even before considering any separate impairment charge.

Source: the Nebraska Driver's Manual, Section 2: Important Driver Information. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.