Administrative License Revocation in Omaha
The Omaha DUI laws are some of the toughest laws in the country. In fact, the Administrative License Revocation in Omaha allows your license to be suspended prior to being convicted of DUI. If an officer pulls you over and has reason to believe you are driving under the influence of drugs or alcohol you will eventually be asked to submit to a chemical test, usually a breath test. If you take the test and fail, or refuse to take the test, the officer can confiscate your driver’s license right then and there. Though you will be given a temporary license that is good for 15 days, your actual license will be suspended by the Department of Motor Vehicles at the end of the 15 day period unless you request a hearing to contest the suspension. If you failed the test your suspension will last 180 days for a first offense. If you refused the test your license will be suspended for one year for a first refusal. If you don’t wish to contest the suspension you may be eligible for an Ignition Interlock Restricted Permit, or IIP. If you apply for an IIP you waive your right to contest the suspension at a hearing.
You could also be required to install an IID as part of a probationary sentence in lieu of a jail sentence if you are convicted of DUI in Omaha. Whether you apply for an IIP, or you are ordered to by
the court, the end result is the same – you will have to get used to having an ignition interlock device on your vehicle for the foreseeable future.
An IID is like a miniature Breathalyzer that is installed on your vehicle’s dashboard. In order to start the vehicle you must first blow into the device. The device then tests your breath for the presence of alcohol. If alcohol is detected in your breath the vehicle will not start. Just to make sure that you don’t get someone else to blow into the device in order to get the vehicle started, you will also be required to blow into the device at random times after the vehicle has been started as well. If alcohol is detected, the device will log the results and warn you to stop the vehicle by doing things like honking the horn and flashing the lights until you turn the vehicle off. The vehicle will not re-start until an alcohol–free sample is provided.
Although using an IID can be costly and inconvenient it is preferable to losing your license altogether. If you have specific questions about the IID requirements in Omaha, consult with an experienced Omaha DUI attorney as soon as possible. For a free case evaluation, contact Petersen Law Office 24 hours a day at 402-513-2180.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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