Update 7-12-17: Since May of 2015, we have successfully obtained ignition interlock privileges on 126 fifteen-year license revocation cases. Helping these clients get back their ability to drive has been some of the most rewarding work we have done during 27 years of practice. If you were revoked for 15 years due to drunk driving – DUI or driving under suspension – DUS, call now to see if you are eligible.
Case Result: April 15, 2017 – Client had previously contacted us about getting an interlock permit but chose to not go forward. He now calls with a felony driving under suspension case. We were able to get his interlock authorized and then handle the felony with a $1,000 fine and no further loss of license. Instead of looking at prison and another 15-year revocation, he now has a valid license!
In the State of Nebraska, a second or subsequent conviction for driving under the influence (DUI) can lead to a 15-year license revocation.
In Omaha, 15 years is a very long time to be without the legal ability to drive a vehicle, and if you get caught driving one illegally, you face a felony conviction, jail time, and yet another lengthy license revocation.
The good news is that help may be available.
Not all that long ago, lawmakers began to realize that a 15-year revocation leads to additional crime, denial of employment, failure to support children, and general poverty to those on whom the penalty is imposed.
Recognizing these unintended negative side effects, all DUI revocations since 2001 have been eligible for driving on an ignition interlock device; however, many lawyers, and even courts, were unaware of the changes to the law.
If you were sentenced to a 15-year revocation, it may be possible to obtain permission for you to drive legally once again before the 15-year revocation period expires.
When Is a 15-Year License Revocation Ordered?
The penalties in the State of Nebraska for conviction of a DUI are harsh, particularly if you have a previous conviction for the same, or a similar, offense.
A 15-year license revocation, for example, is possible upon a second DUI conviction if the defendant had a blood alcohol concentration of 0.15 percent or higher at the time of the arrest, known as an “aggravated” DUI. For most third, and subsequent, DUI convictions a 15-year license revocation is mandatory.
Driving While License Revoked
While it may be true that the license revocation penalties are harsh for a DUI conviction in Nebraska, the penalties for violating a license revocation order are even more severe.
Nebraska Revised Statute 60-6,197.06 – “Operating motor vehicle during revocation period,” sets forth the penalties for driving after a court has revoked your license pursuant to various convictions, including driving under the influence.
Charged as a Class IV felony, a defendant faces an additional 15-year license revocation as well as up to five years in prison if convicted of operating a vehicle during a revocation period. Clearly, ignoring a court-ordered revocation is not the answer.
What Is the Answer? Can You Help?
If your driving privileges have been revoked for 15 years because of a DUI conviction we may be able to help.
- Revisit the Sentencing Court
Unfortunately, the Supreme Court issued its opinion in State v. McAleese, 311 Neb. 243 (2022) that no longer allows us to return to the sentencing court to request authorization of the ignition interlock.
Despite recognizing that many Courts were issuing sentencing orders without including terms required by law (such as the interlock), the Supreme Court blocked this efficient method of allowing the Court that made the mistake to fix it.
- Pardons Board
The Nebraska Board of Pardons may grant a reprieve from a 15-year revocation if certain conditions are met. The application process is a two-part process that begins with an application to the Nebraska Department of Motor Vehicles (DMV).
The DMV will review the application and then forward it on to the Board of Pardons for consideration. At a subsequent hearing, you must convince the Board that you are no longer a danger to society and that the alcohol problem and the factors that led to the revocation have been successfully addressed.
The entire process typically takes 12 to 18 months. If the application is granted, you will able to legally drive once again with an IID installed in your vehicle.