DUI.lawDUI.law

The licence case

Licence suspension after a DUI arrest in Nebraska

The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.

Hearing-request deadline in Nebraska: Deliver or postmark the administrative hearing petition within 10 days after arrest when the officer serves the notice, or within 10 days after mailing when DMV later mails the notice.

Neb. Rev. Stat. § 60-498.01 (opens in a new tab)The notice identifies your proceeding. Conditions below.

The window

Deadline to request a hearing
Deliver or postmark the administrative hearing petition within 10 days after arrest when the officer serves the notice, or within 10 days after mailing when DMV later mails the notice.
  • These are different statutory triggers. Read the notice to identify which applies; the 15-day revocation start is not the request deadline.
Verified Neb. Rev. Stat. § 60-498.01Official source (opens in a new tab)
Hearing procedure under the cited rule
Complete the administrative license revocation petition and deliver it to DMV or have it postmarked within the applicable 10-day period.
  • A hearing petition does not automatically stay revocation.
  • Applying for an ignition-interlock permit waives the administrative hearing. Petitioning for the hearing makes the person ineligible for an interlock or 24/7 sobriety permit unless ordered at sentencing.
Verified Neb. Rev. Stat. § 60-498.01Official source (opens in a new tab)
Suspension under the cited rule
For an alcohol test-failure administrative revocation: 180 days without a final prior administrative revocation in the preceding 15 years; otherwise 1 year.
  • Refusal carries a separate one-year revocation. Restricted-permit rules and statutory dismissal/reinstatement grounds can affect driving privileges.
Verified Neb. Rev. Stat. § 60-498.02Official source (opens in a new tab)
Suspension length after a refusal
A chemical-test refusal carries a 1-year administrative license revocation.
  • A restricted permit has separate eligibility and waiting-period requirements; a refusal revocation is not the same as a test-failure revocation.
Verified Neb. Rev. Stat. § 60-498.02Official source (opens in a new tab)

What happens if the window closes

The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.

Whether Nebraska offers a restricted licence in that situation, and on what conditions, is a state-specific question:

Hardship or restricted licence
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

How the two cases relate

A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
Deliver or postmark the administrative hearing petition within 10 days after arrest when the officer serves the notice, or within 10 days after mailing when DMV later mails the notice.
  • These are different statutory triggers. Read the notice to identify which applies; the 15-day revocation start is not the request deadline.
Verified Neb. Rev. Stat. § 60-498.01Official source (opens in a new tab)
Suspension under the cited rule
For an alcohol test-failure administrative revocation: 180 days without a final prior administrative revocation in the preceding 15 years; otherwise 1 year.
  • Refusal carries a separate one-year revocation. Restricted-permit rules and statutory dismissal/reinstatement grounds can affect driving privileges.
Verified Neb. Rev. Stat. § 60-498.02Official source (opens in a new tab)

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
0.08 grams or more per 100 mL of blood, or per 210 L of breath, while operating or in actual physical control of a motor vehicle.
Verified Neb. Rev. Stat. § 60-6,196Official source (opens in a new tab)
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.