DUI and Administrative License Revocation

In Nebraska, if you are arrested for Driving Under the Influence, or DUI, your driver's license could immediately be confiscated by the law enforcement officer who arrested you. This is called Administrative License Revocation, or ALR, which is a law in Nebraska that allows an arresting officer in a DUI to take your driver's license and forwarded to the Department of Motor Vehicles for revocation. If the arresting officer does confiscate your driver's license under the Nebraska Administrative License Revocation law, you will be issued a temporary license that is good for 15 days.

You do have the right to contest the Administrative License Revocation and can request an Administrative hearing, but you only have 10 days to prevent automatic revocation. At the hearing, it would need to be proven that you did not refuse the test or that you did not fail the test. And if you do ultimately request a hearing and lose that hearing, you would not be eligible for an Ignition Interlock Device unless or until this is ultimately ordered by the Court overseeing your case, which could be many months down the road. If you ultimately choose to forgo the administrative hearing that you are entitled to request, you may be eligible for an ignition interlock permits that would require you to install an Ignition Interlock Device on your vehicle during the duration of the permit.

If you refused a blood, breath, or urine test during a DUI arrest, your driver's license is revoked for one year. If you did take any of the aforementioned tests and failed, your license is revoked for 180 days if it is your 1st DUI arrest. If you have a previous DUI conviction within the last 15 years, a second DUI offense will result in your license being revoked for one year.

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Understanding Your Rights: Detained vs. Arrested in Nebraska

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The DUI Process in Nebraska