Contesting an Administrative License Revocation in Nebraska

Dec 1, 2015 | By Petersen Criminal Law | Read Time: 2 minutes |

By now, just about everyone should be aware of the ever-increasing judicial penalties that may be imposed for the conviction of a charge of driving under the influence, or DUI. Even a first time offender can face time in jail if convicted. For many people though, the threat of jail is not nearly as worrisome as the possibility of losing their driving privileges. Unfortunately, if you are merely arrested for DUI in the State of Nebraska you will automatically lose your driving privileges if you failed the chemical breath test or if you refused to submit to the test. If your license is confiscated, you have the right to contest the loss of driving privileges within 10 days of the arrest. It is always best to consult with an experienced Nebraska DUI attorney immediately after your arrest; however, it also helps to know how contesting an Administrative License Revocation, or ALR may benefit you.

In the State of Nebraska, the Administrative License Revocation, or ALR, law allows for the immediate confiscation of your driver’s license if you are arrested and charged with DUI after submitting to the breath test and failing the test or if you refuse to take the test. If you failed the chemical test your license will be revoked for 180 days if it is the first time you have failed a chemical test or one year for a second or subsequent test failure. If you refuse the take the chemical test your license will be revoked for one year.

If you are eligible, you will be given a 15 day “temporary” license that will allow you to continue to drive for the 15 days following your arrest. The reason for the temporary license is that the law also allows you to contest the revocation of your driving privileges; however, if you wish to contest the revocation you must do so within 10 days of the notice of revocation. Your case will then be set for a hearing at which you must provide convincing evidence why your driving privileges should not be revoked. If you choose to contest your license revocation you will forfeit the right to apply for an ignition interlock permit, or IIP. An IIP allows a motorist to continue to drive during the license revocation period as long as the driver has an ignition interlock device is installed on his or her vehicle.

Because there are consequences that follow a request to contest your license revocation it is in your best interest to discuss your options with an experienced Nebraska DUI defense attorney before you do anything. To consult with an experienced Nebraska DUI defense attorney, contact the Petersen Law Office 24 hours a day at 402-513-2180 to discuss your legal options.

Thomas M. Petersen

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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Dismissed

Petersen filed a motion to suppress alleging that the stop and search were illegal.

DUI

Probation

Breath test excluded for failure to follow proper procedure. The Court agreed and ruled the breath test inadmissible at trial.

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Jury Trial: Client was charged with use of a firearm in commission of a felony.