Underage and Arrested: Nebraska's Zero Tolerance Law for UNL Students

College is a time of newfound independence, but making a mistake behind the wheel in Lincoln can carry heavy consequences for a young adult. Law enforcement agencies surrounding the University of Nebraska-Lincoln campus aggressively patrol for impaired driving, and they hold underage drivers to a completely different standard than adults.

If you or your child is under 21 and facing alcohol-related driving charges in Lancaster County, you need to understand Nebraska's zero-tolerance policy.

1. The 0.02% Zero Tolerance Threshold

For drivers aged 21 and older, the legal Blood Alcohol Concentration (BAC) limit is 0.08%. For anyone under 21, the legal limit is practically zero.

Nebraska enforces a strict 0.02% BAC limit for underage drivers. This threshold is so low that a single beer, a glass of wine with dinner, or even certain over-the-counter medications can trigger a violation. The state's goal is to make it completely illegal for a minor to operate a vehicle with any measurable amount of alcohol in their system.

2. The Two Tiers of Underage DUI Charges

The severity of the punishment depends entirely on the numbers produced by the breath or blood test. Underage drivers typically face one of two scenarios.

Tier 1: The Zero Tolerance Violation (0.02% to 0.079% BAC)

If the test shows alcohol in the system but remains below the standard adult limit, the driver will be cited for a zero-tolerance violation. While this is generally handled as an infraction rather than a severe criminal misdemeanor, the penalties are still highly disruptive.

• Immediate 30-day impoundment of the driver's license.
• Fines up to $100 or more.
• Mandatory attendance in an alcohol education class.
• Potential companion charges for Minor in Possession (MIP), which is a Class III misdemeanor.

Tier 2: Standard Adult DUI (0.08% BAC or Higher)

If an underage driver hits the 0.08% mark, the zero-tolerance leniency disappears. The state will prosecute the student exactly like an adult facing a Class W Misdemeanor DUI.

• A mandatory minimum of 7 days in jail (unless granted probation).
• A standard $500 fine.
• A 6-month license revocation.
• The mandatory installation of an Ignition Interlock Device (IID) to regain driving privileges.
• If the BAC reaches 0.15% or higher, aggravated DUI penalties apply, doubling the license revocation period to a full year and increasing potential jail time.

3. UNL Disciplinary Action and Academic Impact

The consequences of an underage DUI do not end at the Lancaster County courthouse doors. The University of Nebraska-Lincoln has its own Student Code of Conduct, and the administration takes alcohol violations very seriously.

When a student is arrested for a DUI, the university may initiate its own disciplinary proceedings. Potential academic consequences include:

• Mandatory substance abuse evaluations and educational programs at the student's expense.
• Disciplinary probation.
• Loss of university-sponsored scholarships or financial aid.
• Suspension or expulsion for repeat offenses or cases involving aggravated factors.
• Employment restrictions for students holding jobs on campus.

Furthermore, a criminal conviction on a young adult's record can cause roadblocks long after graduation. It can impact acceptance into graduate programs, medical schools, and law schools, and it can automatically disqualify an applicant from jobs requiring security clearances or company vehicle operation.

4. Protecting a Young Driver's Future

Because the stakes are so high for a college student, early legal intervention is critical.

A skilled Lincoln DUI defense lawyer can evaluate the circumstances of the arrest. We check if the officer had valid probable cause to initiate the traffic stop in the first place. We review the testing procedures to see if the breathalyzer was calibrated correctly and administered without procedural errors.

In many cases involving young, first-time offenders, an attorney can help secure entry into a pretrial diversion program. Successfully completing a diversion program (which typically involves community service, alcohol education, and strict probation) can result in the charges being dismissed entirely. This keeps the student's permanent criminal record clean and protects their future career prospects.

Do not let a mistake on O Street derail a promising college career. Understanding your legal rights is the first step toward minimizing the damage.