For many people, the most disconcerting thing about being arrested and charged with driving under the influence is that loss of their driving privileges that automatically follows in Nebraska. If you are one of those people, your most pressing concern at the moment is likely figuring out how to get to work or to other important commitments and appointments. An Omaha DUI attorney explains how you might be eligible for an Ignition Interlock Permit in Nebraska that would allow you to drive while your DUI case is pending.
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. The difference in authority is often subtle, but can be important because it can determine what options you may have for fighting the revocation and/or getting your license reinstated.
Nebraska’s ALR Following a DUI Arrest
Pursuant to Nebraska’s ALR rules, 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. 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).
What If I Refused the Chemical Test?
Nebraska Revised Statute 60-6,197.04 addresses the penalties for refusing a chemical test, indicating that if a motorist does refuse, he/she can be charged with a Class V misdemeanor. In addition, refusing a chemical test will result in an automatic license revocation (ALR), meaning the loss of your driving privileges.
Are You Eligible for an Ignition Interlock Permit?
Most motorists depend on the ability to drive to get to work, school, and other important places. Knowing that, lawmakers have provided an option for motorists who have lost their driving privileges as a result of a DUI arrest – an Ignition Interlock Permit (IIP). 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 along with any other restrictions imposed by the court.
Contact an Omaha DUI Attorney at Petersen Law Office
If you are currently facing DUI charges in Nebraska, take the time to consult with an experienced Omaha DUI attorney as soon as possible to discuss your legal options. Contact the Omaha DUI defense attorneys at Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced 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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