Have A Question? Search This Site:
After a DUI arrest in Nebraska, most drivers assume the legal consequences begin and end in the courtroom. But in reality, there’s a separate and immediate process handled by the Nebraska Department of Motor Vehicles (DMV). This process is known as an Administrative License Revocation (ALR), and it can affect your driving privileges long before your court case is resolved.
This post provides a clear breakdown of how DMV hearings work after a DUI in Nebraska. We’ll walk through what triggers a hearing, how to request one, what happens during the process, and how it differs from your criminal court case. Understanding this process is key to knowing what happens to your license and what steps you can take—if any—to challenge a suspension.
This guide does not offer legal advice. Instead, it explains the procedural steps of the DMV hearing system in neutral, educational terms.
What Triggers a DMV Hearing After a DUI?
In Nebraska, a DMV hearing is triggered when certain conditions are met during or after a DUI arrest. These conditions initiate the state’s Administrative License Revocation (ALR) process.
The two most common triggers are:
- Testing at or above the legal BAC limit (0.08% for most drivers)
- Refusing to submit to chemical testing after arrest (blood, breath, or urine)
When either of these happens, the arresting officer confiscates your license and issues a 15-day temporary driving permit. This permit allows you to drive while your administrative case is being reviewed.
To contest the suspension, you must request a DMV hearing within 10 days of the arrest. If no request is made, the license suspension goes into effect automatically at the end of the 15-day period.
Administrative vs. Criminal DUI Process: What’s the Difference?
A DMV hearing is completely separate from your criminal court case. While both processes stem from the same DUI arrest, they operate under different rules and standards.
Key differences:
| Administrative (DMV) | Criminal (Court) |
|---|---|
| Handles license revocation | Handles criminal charges |
| Does not determine guilt or innocence | Determines guilt and sentencing |
| Based on probable cause | Requires proof beyond reasonable doubt |
| Usually resolved within weeks | Can take months to complete |
Because of this separation, it’s possible to:
- Lose your license through the DMV but be found not guilty in court
- Keep your license temporarily through a DMV hearing but still face criminal penalties later
The DMV hearing only addresses your driving privileges, not whether you broke the law.
How to Request a DMV Hearing in Nebraska
After receiving your 15-day temporary license, you have a limited window to act. Nebraska law gives drivers 10 calendar days from the date of arrest to submit a hearing request to the DMV.
Request process:
- Visit the Nebraska DMV website or request the appropriate form.
- Complete and submit the request by mail, in person, or electronically.
- Include any supporting documentation or explanation if applicable.
The DMV will then schedule an administrative hearing, typically within a few weeks. You may continue driving on your temporary permit until a decision is made.
Failure to request a hearing within 10 days results in automatic license revocation when the permit expires.
What Happens During the DMV Hearing?
The DMV hearing is an informal administrative proceeding. It’s not like a courtroom trial, but it does follow a structured process. The purpose is to decide whether your driving privileges should be revoked based on the circumstances of your arrest.
The hearing includes:
- Review of the officer’s sworn report
- Examination of BAC test results or refusal documentation
- Opportunity for the driver to submit evidence or statements
- Review of procedural compliance (e.g., was the arrest valid? were proper instructions given?)
In most cases, the officer does not attend the hearing. The decision is based primarily on paperwork and submitted evidence.
You may choose to represent yourself or have an attorney present, though this is optional for the administrative process.
Possible Outcomes of the DMV Hearing
After reviewing the case, the DMV hearing officer will make a determination. There are two basic outcomes:
1. License Revocation Is Upheld
This is the most common outcome. If the hearing officer finds that the arresting officer followed proper procedures and either:
- You had a BAC of 0.08% or higher
OR - You refused a lawful request for chemical testing
…the DMV will revoke your driving privileges.
2. License Revocation Is Dismissed
In rare cases, the hearing officer may find that:
- The stop lacked probable cause
- Testing was not administered properly
- Refusal warnings were not clearly communicated
If so, the revocation may be set aside, and your license will be reinstated—at least until the court case is resolved.
Length of License Suspension After a DUI Arrest
If the DMV upholds the revocation, the following suspension periods apply:
- First offense with BAC ≥ 0.08%:
6-month revocation - First offense with refusal to test:
1-year revocation - Second or subsequent offenses:
Longer revocation periods apply (often 18 months or more)
These suspensions apply regardless of the outcome in criminal court. Even if you’re not convicted of DUI, the administrative penalty may still stand.
Can You Still Drive After Your License Is Revoked?
Yes—in many cases, Nebraska allows eligible drivers to apply for an Ignition Interlock Permit (IIP) after a revocation is imposed.
To qualify:
- You must not have a disqualifying offense
- You must install an approved ignition interlock device in your vehicle
- You must submit proof of installation and meet insurance requirements
The IIP allows limited driving (work, school, medical, etc.) while the full revocation period continues. Many drivers choose this option to maintain mobility during the suspension.
DMV Hearing Timeline Summary
Here’s a general timeline for how the DMV hearing process unfolds:
| Event | Estimated Timing |
|---|---|
| DUI arrest | Day 0 |
| Officer issues temporary permit | Day 0 |
| Hearing request deadline | Within 10 calendar days |
| Hearing scheduled | Within 3–4 weeks of request |
| Hearing decision | Typically within 2–3 weeks post-hearing |
| License revocation begins | If hearing is not requested or is denied |
Note: This is separate from any court-imposed license suspension after conviction.
FAQ: DMV Hearings After a DUI in Nebraska
Q: What is the purpose of a DMV hearing after a DUI?
A: It determines whether your driver’s license should be revoked for failing or refusing a chemical test, separate from your criminal case.
Q: Do I have to attend the hearing in person?
A: Not always. Nebraska allows hearings by phone or written submission in some cases. Check your notice for options.
Q: What happens if I miss the 10-day deadline to request a hearing?
A: Your license will be automatically revoked when the 15-day permit expires. You lose the chance to contest the action.
Q: Can I get my license back if I lose the hearing?
A: You may be eligible for an Ignition Interlock Permit to drive during the suspension period.
Q: Does winning the DMV hearing affect my court case?
A: No. The DMV process is separate. You can win one and lose the other.
Conclusion
Nebraska’s DMV hearing process is a separate and time-sensitive part of every DUI case. Even before a court conviction, your license can be revoked based solely on test results or refusal. Requesting a hearing within 10 days gives you the only opportunity to contest that suspension before it takes effect. While most hearings result in revocation, understanding your rights and deadlines can help you navigate the process and explore options like the Ignition Interlock Permit.
To understand the full legal path from arrest to resolution, visit our DUI Process and Timeline page. For more detail on license-related actions after a DUI, check out DMV Hearings and License Actions After a DUI Arrest.