Administrative License Revocation Attorney in Omaha, Nebraska
If you are charged with Driving Under the Influence of Alcohol in Omaha, NE, you have two separate issues to deal with. The first is the Administrative License Revocation (ALR) process through the Nebraska Department of Motor Vehicles (DMV). This process relates only to your privilege to drive-it does not include penalties for jail, fines, court costs, probation, etc. as described in the next section below. The ALR process applies only to DUI-Alcohol cases and does not apply to DUI-Drug cases. If you submit to a breath test and test over the legal limit of 0.08 or if you refuse to take the breath test, the police officer will confiscate your license and issue you a 15 day temporary license. Once the temporary license expires, your privilege to drive in Nebraska will be revoked for 6 months, unless you have a prior administrative license revocation/DUI conviction in the last 15 years or if you refuse to submit to the chemical test, in which cases your license will be revoked for one year at the expiration of the 15 day temporary license.
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It is very important to note that you only have 10 days from the date of arrest to file a petition to challenge whatever license revocation you might be facing. You should contact an attorney as soon as possible after a DUI arrest to discuss whether it is in your interest to file a petition challenging your ALR and what options might exist to obtain a restricted license to be able to drive during most or all of any license revocation. Please also note special rules exist pertaining to minors, commercial motor vehicle licensees and out-of-state drivers. Finally, if you submitted to a blood draw rather than a breath test, the above process will be delayed due to the time required to submit the blood for testing-contact an attorney to learn more about what you can expect and when regarding blood draw cases.