License Revocation

When you are arrested for driving under the influence (DUI), it is not only a criminal case you need to defend. The Nebraska Department of Motor Vehicles (DMV) is also involved and will begin the Administrative License Revocation (ALR) procedure to take away your driver’s license.

When you are first arrested for drunk driving, the arresting officer will usually take your driver's license and issue you a 15-day temporary license. You then have only 10 days to request a hearing with the DMV. If you fail to request your hearing within that time frame, your license will be suspended.

Understanding the ALR laws and procedures can be extremely frustrating for those not familiar with this system. A common mistake made by those accused of DUI, is to try to figure out these laws and procedures by themselves before hiring a qualified DUI defense lawyer. This is one area of law where details really do matter and it is not recommended that you attempt to "do it yourself".

Steve Baxley can effectively represent you throughout the ALR process in an effort to save your ability to drive, or to reduce the negative impact upon your privilege to drive. He has the training, experience and knowledge to help you understand your particular situation. When you hire the Baxley Law Office, you get peace of mind that Steve is personally handling every aspect of your DUI case.

Administrative License Revocations

To Request an ALR or not; that is the question!

If someone chooses to have an ALR hearing and is successful, then the license is not suspended - but it may be later in the criminal case. However, if you have a hearing and you are unsuccessful, then those who have refused a breath or blood test will have their driver’s license revoked for one year. Those who took the breath or blood test, but failed it, will face a 180-day license revocation (for first offense), or 1 year (for any subsequent offenses within the last 15 years). But, when the temporary license expires, many clients are eligible for an Ignition Interlock Permit.

The decision of whether to file a petition to request an ALR hearing to challenge the revocation has become more difficult in recent years. Currently, if someone requests an ALR hearing and is unsuccessful, then they will not be eligible for the Ignition Interlock Permit, unless ordered by the court later. So, this decision should only be made after consulting with a qualified and experienced DUI defense lawyer who can advise you based on the specific facts of your case.