Nebraska Driving Laws

 

 

Law Key Requirements & Penalties Fact Sheet

General Rules

 

Licenses: New residents who have a valid license in another state are required to get a Nebraska license within 30 days of moving to the state. Nebraska requires  license renewal every 5 years. There are additional provisions for older drivers.

Right of Way: Vehicles are required to yield to pedestrians in crosswalks or any time not doing so would result in an accident.

Headlights: Required when the windshield wipers are needed due to weather conditions.

Following: Drivers are required to leave a minimum of three seconds between themselves and the vehicle they are following. This should increase based on weather and traffic conditions, or when hauling a trailer.

Windshield tint: Only permitted above the AS-1 line and must be non-reflective. Any tinting below that line must be clear.

Windows: Drivers can’t operate a vehicle that has objects hanging in the windows that obstruct their vision.

Passing: It is illegal to go over any posted speed limit when passing another vehicle.

Passengers: It is illegal to leave a child under 6 years old or a pet unattended inside a vehicle.

 

 

Move-Over Law

 

Move over when safe, or slow down when approaching any stopped vehicle or vulnerable road user, including pedestrians, bicyclists, individuals in crosswalks, and agricultural vehicles or equipment. Violations can result in a traffic infraction, escalating to a Class IIIA misdemeanor for subsequent infractions within five years.

 

Move-Over Law

Speeding & Recklessness

 

Reckless Driving: Driving in excess of twice the posted speed limit shall be evidence of reckless driving.

 

When necessary, NDOT is authorized to use digital or electronic speed limit signs to temporarily reduce speed limits during adverse weather and environmental conditions – such as fog, precipitation, dust, or smoke – as well as emergencies and traffic congestion.

 

Fines:

  • 1–5 mph over: $50

  • 6–10 mph: $75

  • 11–15 mph: $125

  • 16–20 mph: $200

  • 21–35 mph: $300

  • 36+ mph: $400

 

Nebraska law prohibits driving so slowly that you interfere with the flow of traffic and has a statewide minimum speed limit of 40 mph for freeways.

 

Additionally, in work zones, Nebraska enforces increased speeding penalties, called Work Zone Enhancements, when workers are present and signs indicate road work is in progress.

 

 

Seat Belts

 

Nebraska law requires all drivers and passengers to wear seat belts. Enforcement is generally a secondary offense, meaning a citation can only be issued if the driver is stopped for another violation. Failing to comply may results in a $25 fine plus court costs and one point on the driver's record. 

 

Children up to age 8 must ride correctly secured in a federally approved child safety seat.  View car seat requirements

 

 

Texting & Phone Use

 

It is illegal for all drivers to use handheld wireless devices to read, write, or send messages while driving. This law is a secondary offense, meaning officers may only issue a citation if the driver is stopped for another violation. 

 

Fines:

  • $200 fine for first offense.
  • $300 for the second offense.
  • $500 for the third and subsequent offenses.
  • Plus, three points on the driver's record. 

For drivers under 18 with a learner’s permit, provisional operator’s permit, or school permit, any use of a handheld wireless device while driving is prohibited.

 

 

DUI

 

Nebraska has a zero tolerance law for drivers under 21 with a Blood Alcohol Content (BAC) of 0.02% or higher. For drivers 21 and older, the legal BAC limit is 0.08%. For drivers who have a BAC of 0.15% or higher, the charge then becomes aggravated DUI.

 

Penalties include fines ($500-$10,000), license suspension, and possible jail time depending on the number of offenses and BAC level.

 

 

Teen Driving Laws

 

Licensing: Nebraska has a graduated licensing system. Drivers under 18 are restricted on passengers and nighttime driving. School permits are allowed for students who live more than one mile from school. Learner’s permits require adult supervision.

 

Zero Tolerance or .02 law prohibits anyone under the age of 21 from driving with a blood alcohol concentration of .02 or higher, which equals .02 grams of alcohol per 100 milliliters of blood or 210 liters of breath. This law makes it unlawful for minors to operate a vehicle with any measurable amount of alcohol in their system while driving on Nebraska roadways. If a minor violates this law, they may face penalties including fines, license suspension or delay, mandatory alcohol education programs, and possible community service, as even small amounts of alcohol can trigger these consequences.

 

 

Right on Red

 

Drivers may turn right at a red circular traffic light after stopping and yielding to pedestrians/traffic, unless a sign prohibits it. Drivers cannot turn left or right when facing a red arrow; must wait for green arrow.

 

 

School Bus Laws

 

Vehicles are required to stop when approaching a school bus with flashing red lights and extended stop arm. Drivers must remain stopped until the stop arm is retracted and the lights are turned off. Vehicles traveling in the opposite direction on a roadway divided by a median are not required to stop.

 

Penalties: Failure to stop and remain stopped when required is a Class IV misdemeanor, with fines of $100–$500 and three points assessed against the driver’s record.

 

 

 

Note: Drivers who accumulate 12 points on their record within two years may have their license suspended.

Note: NDOT does not provide driver licensing, registration, or other services handled by the Nebraska DMV.