Nebraska Ignition Interlock & State DUI Laws

Administrative License Revocation (ALR) Procedures

Nebraska DMV (Department of Motor Vehicles)

Nebraska is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial.

You will be given a 15-day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. An administrative law judge will hear this case. If you do not request a hearing, your license will be automatically suspended on the 11th day for 90 days. After the suspension period, you will have a restricted license to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court-approved locations, and emergencies. Nebraska allows you to install an interlock device instead of suspending it for 30 days.

Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a significant influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures

In Nebraska, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even for a first offense.