Administrative License Revocation
“Because persons who drive while under the influence of alcohol present a hazard to the health and safety of all persons using the highways, a procedure is needed for the swift and certain revocation of the operator's license of any person who has shown himself orherself to be a health and safety hazard (a) by driving with an excessive concentration of alcohol in his or her body or (b) by driving while under the influence of alcohol.” Neb. Rev. Stat. Sec. 60-498.01.
Simply put, the DMV automatically revokes your license when you are arrested for DUI as part of its duty to regulate drivers’ licenses. (The court may also take your license, and/or fine or jail you as part of the DUI arrest.)
In a DUI arrest, the officer will order you to take either a breath or blood test. If you fail (or refuse to take) a breath test, the arresting officer will take your license, and give you a yellow temporary license (Notice/Sworn Report/Temporary License). If your license was valid, the temporary license is valid for 15 days. In a blood test, the DMV will issue a temporary license by mail. If you believe you have been wrongly accused, you have 10 days from receipt of your temporary license to file a petition.
However, if you request an ALR hearing, you will be ineligible for an ignition interlock until you go to court.
If you choose to challenge the ALR by filing a petition, a hearing will be set for you. A hearing officer will evaluate the evidence and make a recommendation to the Director of the DMV as to whether the revocation should go into effect or be dismissed.
To contact the legal division about any the above matters,call (402) 471-9593, or write us at PO Box 94699, Lincoln NE 68509. You may email the legal division. We do not accept any legal documents by email.