Getting a Nebraska Work Permit after a Drunk Driving Arrest
Unfortunately, many Nebraska drivers do not realize they may be charged with an Implied Consent Violation if they refuse to submit to a blood, breath, or urine test to determine their blood alcohol content. Nebraska state drunk driving laws state that you (the driver) have given your implied consent to a chemical test (blood, breath or urine) to determine the drug or alcohol content or your blood if you are arrested for drunk driving in the state of Nebraska.
When can a chemical test be requested?
A chemical test can be requested if a Nebraska law enforcement officer determines that they have reasonable grounds to believe that you are driving under the influence of drugs or alcohol.
A motorist does have the right to refuse to submit to a chemical test. In most cases; however, such refusal normally results in the suspension of the person’s driver’s license. The Nebraska license revocation generally begins 30 days from the date of your DUI arrest. A temporary driving permit is generally presented to you so you can drive for the next 30 days until your suspension begins.
Can I challenge the Nebraska Administrative License Suspension?
Generally, you can request an administrative license hearing within 10 days from the date of your drunk driving arrest. This hearing will allow you to challenge the proposed revocation of your Nebraska driver’s license. The hearing should be scheduled within 20 days from the date or your drunk driving arrest. Talk to a DUI lawyer immediately for the steps you can take to fight your administrative license suspension.
Nebraska Administrative License Suspension Process
If you do not win at your administrative hearing and it is proven that you failed or refused the chemical test your license will be revoked for 90 days for a chemical test failure and one year for a chemical test refusal (assuming this is your first drunk driving arrest). Offenders with elevated BAC above .15% face a license suspension of one year. First-time drunk driving offenders who failed the chemical test may apply for a restricted license after 30 days.
Keep in mind, the administrative penalties assessed after a Nebraska drunk driving arrest are separate and distinct from the additional drunk driving penalties you will be assessed if you are convicted of a Nebraska drunk driving charge.
Can I get a restricted work permit after Nebraska drunk driving arrest?
You may be able to apply for a work permit after you have had an administrative license revocation or suspension for drunk driving. If you are given a work permit it will allow you limited driving to and from work. An ignition interlock device to determine blood-alcohol content may be required for a work permit
New Law in 2012: Getting your Ignition Interlock Permit (IIP)
According to the Nebraska , “As of January 1, 2012, Nebraska has new DUI laws that allows offenders to waive their right to an Administrative License Revocation (ALR) hearing and apply for an Ignition Interlock Permit (IIP) instead.”
To get the IIP permit you must be a resident of the state of Nebraska and you must have been issued a license. The next step is to submit the following to the Department of Motor Vehicles in Lincoln (the following steps are outlined on the Nebraska Department of Motor Vehicles website:
Call the Department of Motor Vehicles at 402-471-3985 to verify eligibility for the Ignition Interlock Permit (IIP).
Ignition Interlock Permit Application 2012 for arrest dates on 01/01/2012 or after
Current certificate of installation showing an approved device has been installed for each vehicle driver will be operating (device cannot be installed on a Commercial Motor Vehicle)
Surrender current driver license
Meet all other applicable reinstatement requirements for any other withdrawal actions on the driving record
Once the IIP has been authorized – you can go to any licensing station in Nebraska to get the IIP issued. Be prepared to furnish the Examiner with proof of birth date and identity and two (2) forms of proof of residence. Take the issuance certificate you get from the Examiner to the County Treasurer, pay the $47.50 fee and have the permit issued.
- Drunk Driving and Pennsylvania’s Drivers License Compact (duiattorneyhome.com)
- Reinstate Illinois Drivers License after DUI (duiattorneyhome.com)
- Georgia Administrative License Suspension (duiattorneyhome.com)