Legal Age for Drinking or Possessing Alcohol

In Nebraska it is illegal for anyone younger than 21 years old to possess, consume, sell, or dispense alcohol (with some exceptions, see below). Any minor that violates this law will be charged with a Class III Misdemeanor and may be subject to additional penalties, depending on the violator’s age.

Neb. Rev. Stat. § 53-180.02 and Neb. Rev. Stat. § 53-180.05

Sentences for Violators Older Than 18 Years of Age

Nebraska law sentences violators who are older than 18 years of age differently than violators younger than 18. Someone who is older than 18 years will face one or both of the following penalties: A fine of up to $500, and up to 3 months imprisonment.

Neb. Rev. Stat. § 53-180.05.

Sentences for Violators Younger Than 18 Years of Age

Nebraska treats violators who are 18 years old or younger harsher than those who are older than 18. Sentencing for offenders 18 years old or younger depends on the number of convictions an offender has and whether an offender has a driver’s license.

Violator Has a License

First offense. A violator who is 18 years of age or younger, has a driver’s license, and is a first time violator will face any or all of the following penalties:

• A fine of up to $500
• Up to 3 months imprisonment
• Seizure of any driver’s license or permit for 30 days, and
• Participation in an alcohol education class.

Second offense. Someone who is 18 years of age or younger, has a driver’s license, and is a second time offender will be sentenced to any or all of the following:

• A fine up to $500
• Up to 3 months imprisonment
• Seizure of a driver’s license or permit for 90 days
• Up to 40 hours of community service, and
• Participation in an alcohol education class.

Third offense. Those who are 18 years of age or younger, have a driver’s license, and are convicted of a third offense face any or all of the following penalties:

• A fine up to $500
• Up to 3 months imprisonment
• Seizure of a driver’s license or permit for 12 months
• Up to 60 hours of community service
• Participation in an alcohol education class, and
• Submission to an alcohol assessment by a licensed alcohol and drug counselor.

Neb. Rev. Stat. § 53-181

Violator Does Not Have a License

First offense. An underage defendant who is 18 years of age or younger, is a first time offender, but does not have a driver’s license is subject to any or all of the following penalties:

• A fine up to $500
• Up to 3 months imprisonment
• A ban from obtaining a driver’s permit or license for 30 days, and
• Participation in an alcohol education class.

Second offense. A second time offender who is 18 years or younger and does not have a driver’s license may face any or all of the following penalties:

• A fine up to $500
• Up to 3 months in jail
• The inability to obtain a driver’s permit or license for 90 days
• Between 20-40 hours of community service, and
• Participation in an alcohol education class.

Third offense. Violators that are 18 or younger, do not have a driver’s license and are convicted of a third offense may be subjected to the following penalties:

• A fine up to $500
• Up to 3 months in jail
• The inability to obtain a driver’s permit or license for 12 months
• At least 60 hours of community service
• Participation in an alcohol education class, and
• Submission to an alcohol assessment by a licensed alcohol and drug counselor.

Neb. Rev. Stat. § 53-181

Exceptions for Underage Possession and Use

Nebraska law allows someone younger than 21 years old to possess, consume or dispense alcohol in two situations: When they are taking part in genuine religious services, or when they are in their permanent place of residence.

Neb. Rev. Stat. § 53-180.02

Illegal Sale to Minors

In Nebraska, it is illegal for anyone to sell, give or deliver alcohol to any person younger than 21 years of age. It is also illegal for any person to dispose of or buy alcohol for any person younger than 21 years old.

Neb. Rev. Stat. § 53-180

Sentences for Illegal Sale to Minors

Violators of Nebraska’s illegal sales laws are classified as either "general offenders” (those who are not aware that they’ve broken the law), and those who “knowingly and intentionally” violate the MIP laws.

Neb. Rev. Stat. § 53-180 (1) and (2)

General Offenders

Offenders who do not knowingly and intentionally violate Nebraska’s illegal sales law may be convicted of a Class I misdemeanor. They may be sentenced to either or both of the following: A fine of up to $1000, and up to 6 months in jail.

Neb. Rev. Stat. § 53-180.05 (1)

Offenders Who “Knowingly and Intentionally” Violate Nebraska Law

Violators who knowingly and intentionally violate Nebraska’s illegal sales laws face harsher sentences than general offenders. A violator who knows his or her actions will violate Nebraska’s illegal sales laws, yet intentionally proceeds with his or her actions, will be found guilty of a Class IIIA felony. Sentences include one or both of the following: up to $10,000 fine, and up to 5 years imprisonment.

Neb. Rev. Stat. § 53-180.05

Offenders Who “Knowingly and Intentionally” Violate Nebraska Law Resulting in Serious Bodily Injury or Death

A violator who knowingly and intentionally provides alcohol to a minor, when the minor’s consumption of the alcohol provided results in serious injury or death to any person, must receive at least 30 days in jail as part of any sentence.

Neb. Rev. Stat. § 53-180.05 (2)

Minors Using Fake Identification

Nebraska prohibits any person younger than 21 years old from misrepresenting their age in obtaining or attempting to obtain alcohol in any place where alcohol is sold.

Neb. Rev. Stat. § 53-180.01

Law Enforcement Officer’s duty to Report Minor’s Violation to Parents

Nebraska requires law enforcement officers who arrest minors for violating Nebraska MIP laws to make a reasonable effort to notify the minor’s parents or guardian about the arrest.

Neb. Rev. Stat. § 530-180.05

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