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State Profiles of Underage Drinking Laws

- Nebraska -

Underage Drinking: Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian's home

Notes:
Nebraska makes an exception for persons who are at least sixteen years old to carry alcohol from licensed establishments when they are accompanied by any person who is not a minor.

Underage Drinking: Underage Consumption of Alcohol

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian's home

Underage Drinking: Internal Possession by Minors

Internal possession is not explicitly prohibited.

Notes:
Although Nebraska does not prohibit Internal Possession as defined by APIS, beginning on April 4, 2001, it provides that "...no minor may...consume, or have in his or her possession or physical control any alcoholic liquor...." See Neb. Rev. St. § 53-180.02. “Consume” is defined as “knowingly and intentionally drinking or otherwise ingesting alcoholic liquor." See Neb. Rev. St. § 53-103 prior to July 15, 2010, and Neb. Rev. St. § 53-103.11 effective on July 15, 2010. Laws that prohibit minors from having alcohol in their bodies, but which do so without reference to a blood, breath, or urine test, are not considered as prohibiting Internal Possession as defined by APIS.

Underage Drinking: Underage Purchase of Alcohol

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.

Underage Drinking: Minimum Ages for On-Premises Servers and Bartenders

Beer: 19 for both servers and bartenders
Wine: 19 for both servers and bartenders
Spirits: 19 for both servers and bartenders

Underage Drinking: False Identification for Obtaining Alcohol

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting suppliers:

  • It is a criminal offense to manufacture or distribute a false ID

Provision(s) targeting retailers:

  • State provides incentives to retailers who use electronic scanners that read birthdate and other information digitally encoded on valid identification cards
  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

Blood Alcohol Concentration (BAC) Limits: Youth (Underage Operators of Noncommercial Motor Vehicles)
BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Retail Sales: Keg Registration

Keg definition: five or more gallons

Prohibited:

  • possessing an unregistered, unlabeled keg - max. fine/jail: $500 / 3 months
  • destroying the label on a keg - max. fine/jail: $500 / 3 months

Purchaser information collected:

  • purchaser's name and address
  • verified by a government-issued ID
  • Warning information to purchaser: passive – no purchaser action required

    Deposit: not required

    Provisions do not specifically address disposable kegs

    Underage Drinking: Use/Lose: Driving Privileges

    Type(s) of violation leading to driver's license suspension, revocation, or denial:

    • Underage possession
    • Underage consumption

    Use/lose penalties apply to minors under age 18

    Authority to impose driver's license sanction

    • discretionary

    Length of suspension/revocation: 30 days

    National Institute on Alcohol Abuse and Alcoholism National Institutes of Health Department of Health and Human Services USA.gov - Government Made Easy