If you were recently arrested and charged with driving under the influence (DUI) in Nebraska, you likely already have some idea of the penalties you face if convicted. For many people in your position, the most troubling consequence of a DUI arrest, however, occurs prior to being convicted. As you know, in the State of Nebraska your driving privileges are revoked at the time of your arrest for DUI pursuant to the state’s Administrative License Revocation (ALR) law. That, however, is not the only potential license revocation that you face as a result of a DUI arrest. Knowing how important it is for most people to be able to drive, you may be wondering if a DUI lawyer can help you get your license back.
American’s Love to Drive
Compared to other comparable countries, Americans are unique in their reliance on the automobile. Although large cities such as New York and Chicago have decent mass transit systems, the vast majority of people in the United States live where there is no reliable public transportation system. Consequently, Americans are very dependent on their vehicles and on the ability to drive. The odds are very good that you need to be able to drive in order to get to work and/or school, to get yourself or your children to doctor appointments, and even to do the weekly grocery shopping. It comes as no surprise then that the loss of your driving privileges is far more than a minor inconvenience.
Nebraska’s ALR Law
The offense of driving under the influence (DUI) is unlike almost any other criminal offense in that an accused actually suffers a penalty based solely on the accusation that a crime has been committed. Nebraska’s Administrative License Revocation (ALR) law allow a law enforcement officer to confiscate your driver’s license at the time you are arrested for DUI. Your driving privileges are then administratively revoked. Because this is done by the Nebraska Department of Motor Vehicles, not a court, it is not a violation of your right to be presumed innocent until proven guilty.
License Revocation Pursuant to a Conviction for DUI
Your driving privileges can also be revoked as part of your sentence if you are ultimately convicted of driving under the influence. The length of your revocation will depend on several factors but could be anywhere from 60 days to a lifetime revocation.
Can a DUI Lawyer Help?
The good news is that a DUI lawyer may be able to help you get your driving privileges reinstated. There are several different ways in which your attorney might accomplish this goal, depending on why your license was revoked to begin with and other factors. If, for example, your driving privileges were revoked pursuant to the state’s ALR law you have the right to contest that revocation at a hearing; however, you must request a hearing right away and you will lose the option to apply for an ignition interlock permit (IIP) if you contest the ALR. Always consult with an experienced Nebraska DUI lawyer before deciding to contest an ALR revocation. If you do not contest the ALR, you may be eligible for an IIP that will allow you to drive after installing an ignition interlock device on your vehicle, at your own cost.
With regard to the threat of a revocation as part of a sentence, an experienced DUI lawyer can help with that as well. Avoiding a conviction altogether is the preferred method of preventing the loss of your driving privileges. Although the officer that arrested you likely made it sound as though a conviction is a foregone conclusion, the truth is that there are several common defenses that your attorney may be able to employ to prevent a conviction. If a conviction does appear to be unavoidable, your attorney will focus on negotiating a guilty plea agreement that is as favorable to you as possible – specifically focused on reducing, or even eliminating entirely, the loss of your driving privileges.
Contact a Nebraska DUI Lawyer at Petersen Law Office
If you find yourself charged with driving under the influence (DUI) in Nebraska, contact a DUI lawyer at Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense lawyer.
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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