Did you know that if you are arrested for driving under the influence, or DUI, in Nebraska your license could immediately be confiscated by the law enforcement officer who arrested you?
Omaha Administrative License Revocation, or ALR, law permits the arresting officer in a DUI to confiscate your license and forward it to the Department of Motor Vehicles for revocation.
He will then issue a temporary license that is good for 15 days. If your license has been revoked as a result of a DUI arrest it may be possible to restore your driving privileges with the assistance of an experienced Omaha DUI attorney. However, you only have 10 days to prevent this automatic revocation.
Omaha DUI attorney Thomas M. Petersen of Petersen Law Office may be able to help if your driving privileges have been suspended or revoked as a result of a DUI arrest or conviction.
At Petersen Law Office we defend and protect individuals who have been charged with a DUI offense. We serve the Omaha metro areas including Cass County and Sarpy County, Nebraska.
Contact the office today to arrange for your free initial consultation and evaluation. We can be reached by filling out our online contact form.
Omaha Administrative License Revocation Law in Action
Omaha’s ALR law allows a law enforcement officer, under certain conditions, to confiscate your license when you are pulled over for suspicion of driving under the influence.
If the officer believes you have been drinking, or are otherwise impaired, he or she will ask you to perform several field sobriety tests. If you fail the field sobriety tests the officer will ask you to submit to a more definitive blood, breath, or urine test.
If you refuse to take this test, or you submit to the test but fail, your license can be immediately confiscated and you may be given a temporary license that is good for 15 days. At the end of the 15 days your license is officially revoked by the Department of Motor Vehicles.
If you refuse the blood, breath, or urine test your driver’s license is revoked for one year. If you took the test but failed your license is revoked for 180 days if this is your first DUI arrest. If you have a previous DUI conviction within the preceding 15 years your license will be revoked for one year for failing the test.
If your license has been revoked under the ALR law you have a right to request an administrative hearing to contest the revocation. At the hearing, you would need to prove that you did not refuse the test or that you did not fail the test.
In lieu of an administrative hearing, you may also be eligible for an Ignition Interlock Restricted Permit which requires you to install an ignition interlock device on your vehicle for the duration of the permit.
What Is An Ignition Interlock?
You could also be required to install an Ignition Interlock Device (IID) as part of a probationary sentence instead of a jail sentence if you are convicted of DUI in Omaha.
Whether you apply for an IIP, or you are ordered to by the court, the result is the same – you will have to get used to having an ignition interlock device on your vehicle for the foreseeable future.
An IID is like a miniature Breathalyzer that is installed on your vehicle’s dashboard. To start the vehicle you must first blow into the device. The device then tests your breath for the presence of alcohol.
If alcohol is detected in your breath the vehicle will not start. Just to make sure that you don’t get someone else to blow into the device to get the vehicle started, you will also be required to blow into the device at random times after the vehicle has been started.
If alcohol is detected, the device will log the results and warn you to stop the vehicle by doing things like honking the horn and flashing the lights until you turn the vehicle off. The vehicle will not restart until an alcohol–free sample is provided.
Although using an IID can be costly and inconvenient it is preferable to losing your license altogether. If you have specific questions about the IID requirements in Omaha, consult with an experienced Omaha DUI attorney as soon as possible.
Contact Our Nebraska Criminal Defense Attorney Today
At Petersen Law Office, we understand that most people depend on the ability to drive to get to work, school, and other important appointments. For many people, the loss of their driving privileges leads to financial hardship for the entire family.
Our Omaha DUI team will pursue all avenues available to prevent your license from revocation or to get your license reinstated if it has been revoked or suspended.
For a free initial consultation and evaluation of your drunk driving case, contact the team today by filling out our online contact form.