When you were a teenager, the prospect of getting your driver’s license meant freedom and independence. Finally, you would not have to ask your parents to take you everywhere and coordinate your entire life around someone else’s schedule. As an adult, however, a driver’s license is much more than just a symbol of your independence – it is likely a necessary tool that allows you to get back and forth to work, school, and things such as doctor’s appointments. Losing your driving privileges, therefore, can wreak financial havoc on you and your family. It took also leave you without the ability to take your child to the doctor, get to the grocery store to buy food, or run many of the other daily errands we all take for granted. If your license has been revoked in the State of Nebraska, however, the worst thing you can do is violate the order not to drive. A better understanding of the Nebraska driving under revocation law will help you understand why you do not want to violate the order.
Revocation and Suspension – Reasons Why You May Have Lost Your Driving Privileges
The suspension or revocation or your driving privileges may be mandatory or discretionary, meaning that in some cases you will lose your driving privileges automatically as a matter of law while in other situations a judge makes the decision to revoke/suspend your license. While there are numerous reasons why you could have your license mandatorily revoked or suspended by either a court or by the Nebraska Department of Motor Vehicles, some common reasons include a conviction for:
- Driving related manslaughter
- Driving under the influence
- Failure to stop at the scene of an accident that caused death or serious bodily injury
- Multiple convictions for reckless driving
- Certain felonies if a vehicle was used
- Habitual traffic offender
- Refusing to submit to a chemical test upon an arrest for DUI
Typically, discretionary license revocations/suspensions occur when a judge finds you guilty of certain traffic related violations.
The Nebraska Driving under Revocation Law
Typically, when people ask about the Nebraska driving under revocation law they are referring to the Administrative License Revocation (ALR) law that allows the Nebraska Department of Motor Vehicles to immediately revoke your driving privileges when you are arrested for driving under the influence (DUI) in the State of Nebraska. Upon your arrest, a law enforcement officer has the legal authority to confiscate your driver’s license. If you qualify, you will be given a temporary license that allows you to drive for the next 15 days. During that 15-day time period you must appeal the revocation, if you plan to do so, by requesting an ALR hearing.
If you refuse to take the chemical test (usually a breath test) when asked to do so, your license will be automatically revoked for one year pursuant to Nebraska’s implied consent law. If you take the test and fail it, your license will be revoked for 180 days for the first failure and one year for a second chemical test failure within 15 years.
If your license was revoked as a result of a failed chemical test, you may be eligible for an Ignition Interlock Permit, or IIP. An Ignition Interlock Device is similar to a mini breath test that is installed in your vehicle. Before the car will start you must provide a breath sample in a tube attached to the device. If the device detects alcohol in your breath the vehicle will not start. You will also need to provide random samples as long as the vehicle remains operational, assuming you pass the initial test and the vehicle starts. If you file a petition for a hearing, however, to contest the revocation of your license for failing to submit to the chemical test, you will not be eligible for an IIP. To find out if you are eligible for an IIP you must check with the Nebraska Department of Motor Vehicles.
If you have been charged with driving under the influence in Nebraska and have had your driving privileges revoked as a result, contact the Omaha DUI defense lawyers Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case and your options with regard to your driver’s license with an experienced DUI defense attorney.