Under the best of circumstances, getting pulled over by a law enforcement officer is a giant headache that can ruin a perfectly good day. If you consumed alcohol prior to getting behind the wheel, however, that annoying traffic stop can quickly become a full-fledged driving under the influence (DUI) investigation. If you do ever find yourself in a jail cell charged with DUI you will undoubtedly have a number of worries and concerns about the implications of your arrest. At the top of that list may be whether you will be able to drive after your arrest. A Nebraska DUI defense attorney from Petersen Law Office explains what happens to your driving privileges after a DUI arrest.
Nebraska Revocation Laws and Procedures
In the State of Nebraska, as is the case in many states now, you can lose your driving privileges through an administrative action or a judicial order. Nebraska Revised Statutes 60-498.01 through 60-498.04 governs Administrative License Revocations (ALR) whereas Nebraska Revised Statutes 60-6, 196 through 60-6, 211.09 governs driving under the influence. Both, however, provide for the legal authority to revoke your driving privileges as a result of driving under the influence. Those ALR rules dictate that your driver’s license can be revoked immediately following an arrest for DUI. The law authorizes a law enforcement officer to immediately confiscate your driver’s license at the time of your arrest. Drivers, who are eligible, may receive a temporary license for 15 days. The amount of time your license is revoked will depend on whether this is your first DUI and whether or not you submitted to the chemical test. Revocation periods are as follows:
- 180 days – for a first offense (for failure of the test)
- One (1) year – for a subsequent offense within a 15 year time period (for failure of the test)
- One (1) year – for refusal to take the test
You have the right to contest the immediate revocation of your license; however, you must do so within 10 days of being served with the Notice of Revocation. In addition, if you do choose to contest the initial revocation, you will not be eligible for an Ignition Interlock Permit (IIP).
Are You Eligible for an Ignition Interlock Permit?
An ignition interlock is a device that measures the alcohol in your breath and allows you to start your vehicle if it is below the set point. The device also requires periodic retests while the vehicle is running. The interlock records a number of items including test results, engine starts and vehicle run times. If you are attempting to start the vehicle, it will not start if alcohol is detected and a record of the failed test will be recorded. If the vehicle is already running and alcohol is detected during a required periodic test, the horn will honk or another indicator will be noted and the unit will record the failed test. Some newer units are also able to notify local law enforcement of a failed test while the vehicle is in operation.
You might be eligible for an IIP if you meet all of the following requirements:
- You must be a Nebraska resident.
- You must be at least 18 years old and have been issued a license. Provisional Operator’s Permit holders are not eligible for the IIP.
- The alcohol violation must have occurred in Nebraska.
- Meet all other applicable reinstatement requirements for any non-alcohol suspension or revocation actions on your Nebraska driving record.
- Must serve any required wait periods.
- Cannot have driving privileges removed in any other state/jurisdiction.
If you are eligible, you will be able to drive while your case is pending as long as you do not violate the terms of the IIP. You will not have unlimited driving privileges as you did prior to the arrest; however, you will be able to drive for important reasons such as to work or to a doctor’s appointment.
Contact a Nebraska DUI Defense Attorney at Petersen Law Office
If you have been charged with DUI in the State of Nebraska, it is in your best interest to consult with an experienced DUI defense attorney immediately about the specific facts and circumstances of your case. Contact an Omaha criminal defense attorney at Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case.
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