I Was Ticketed For A DUI And The Police Officer Took My Driver's License. What Should I Do?

When you are ticketed for a DUI in Nebraska, you are subject to TWO SEPARATE processes:
   -- Administrative License Revocation (ALR) by the Department of Motor Vehicles (DMV); and
   -- Court.

You Should:

  1. Contact an attorney
  2. Within 10 days of your arrest/ticket, either file the petition for the ALR hearing OR
    Apply for the Ignition Interlock Permit from the DMV.
  3. Go to your arraignment (the court date listed on your ticket) with your attorney.
  1. The first thing you should do is contact an attorney.

    If you are a fee-paying UNL student and your ticket was issued to you in Lancaster County, you are entitled to free legal representation sponsored by your ASUN student government. CALL Student Legal Services (SLS) at (402) 472-3350 for an appointment.

    If you are a fee-paying UNL student and your ticket was issued somewhere other than Lancaster County, you can call SLS for an appointment to ask questions, but we cannot represent you in court.

    If you are not a UNL student, or your ticket is not in Lancaster County, you should contact a private attorney to represent you. If you cannot afford an attorney, you can ask for a Public Defender at your arraignment.

  2. The ALR Process (What To Do About Driving To Work and School)

    When you are ticketed for a DUI, the police officer will take your driver’s license and send it to the DMV. The officer will issue you a fifteen-day temporary license for the fifteen days following your arrest for DUI. The officer will also give you a Petition for an ALR hearing and an Application for an Ignition Interlock Permit (IIP).

    This is where Nebraska's new law give you options. You must make a decision to:

    1. Do nothing;
    2. File the Petition requesting an ALR hearing; or
    3. Apply for an ignition interlock permit.
    1. If you do nothing, your privilege to drive will be revoked for:
      • 180 days for a first ALR if you failed the chemical test (i.e., tested over .08)
      • 1 year for a Refusal to take the Intoxilyzer test for a first ALR
      • 1 year for a second and all subsequent ALRs
    2. If, within ten days of your arrest/ticket, you file the Petition requesting an ALR hearing and you lose that hearing, your privilege to drive will be revoked for:
      • 180 days for a first ALR if you failed the chemical test (i.e., tested over .08)
      • 1 year for a Refusal to take the chemical test for a first ALR
      • 1 year for a second and all subsequent ALRs
    3. If you apply for the Ignition Interlock Permit (IIP), you waive your right to the ALR hearing, but you are eligible to drive your vehicle with the ignition interlock installed immediately following the end of your 15- day temporary license.