As you probably already know, if you are arrested and convicted of driving under the influence, or DUI, in Nebraska you face a number of potential penalties. Did you know though that you can lose your driving privileges just for being arrested for DUI without actually being convicted? Nebraska’s Administrative License Revocation law, or ALR, allows your license to be revoked following a DUI arrest. You have the right to contest the revocation; however, it is not always in your best interest to do so.
If you are stopped on suspicion of driving under the influence and ultimately arrested, the officer will ask you to submit to a chemical test, typically a Breathalyzer. If you fail the test you will be charged with DUI. You do have the right to refuse the chemical test; however, that refusal has consequences. If you take, and fail, the chemical test your driver’s license will be confiscated pursuant to Nebraska’s ALR law. Likewise, refusing to submit to the test will also result in the confiscation of your driver’s license. The officer will provide you with a 15 day temporary license which you may use to operate a motor vehicle for that period of time. You have a right to contest the ALR but you must request a hearing within ten days if you plan to contest the revocation.
If you do not contest the ALR within that 15 day time period the administrative revocation will remain in place for a period of six months if you took and failed the chemical test. If you refused the chemical test your license revocation will remain in place for one year. You will also lose your driving privileges for one year if you have a previous failed chemical test within the past 15 years. If you also receive a license revocation because you are convicted of the DUI down the road you will receive credit for any time your license was revoked pursuant to the ALR .
Many drivers will qualify for an ignition interlock permit during the ALR period; however, if you challenge the ALR and lose you become ineligible for the ignition interlock permit, or IIP. An IIP requires you to install an ignition interlock device, or IID, on your vehicle. An IID is a device that tests for alcohol on your breath, much like a mini-Breathalyzer. If alcohol is detected the vehicle will not start. A motorist with an IIP may drive anywhere for any reason as long as the IID remains installed in the vehicle.
If your license has been revoked, contact Peterson Law Office 24 hours a day at 402-513-2180 for a fee case evaluation.
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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