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DUI and Drugs in Nebraska

A person operating a commercial vehicle in the state of Nebraska is held to a stricter standard. If they operate a commercial motor vehicle while under the influence of alcohol, drugs, or an intoxicant with a blood alcohol concentration of .04 percent or greater or they refuse a chemical test, the driver will be arrested for DUI and the CDL will be revoked for a period of 1 year following a first offense. If the vehicle was carrying hazardous materials at the time, the CDL is revoked for 3 years.

A second DUI offense with regard to a commercial vehicle results in a permanent revocation of the commercial driver license. After the revocation, the offender can never drive or operate a commercial motor vehicle again. If a commercial driver is stopped and found to have an amount of alcohol in their system that is less than .04 percent, the driver is issued an out of service notice and is not permitted to drive for the next 24 hours. According to Nebraska law, a commercial motor vehicle is a motor vehicle used in commerce to transport passengers or property if the vehicle has a gross vehicle weight of 26,001 pounds or more, is designed to transport 16 or more passengers including the driver, or is of any size and is used in the transportation materials that are considered hazardous by the federal Hazardous Materials Transportation Act.

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