DUI

Omaha DUI

Administrative License Revocation Hearing and Penalties:

If you were arrested for DUI in Omaha, you will receive an automatic 90 day driver’s license suspension through the Department of Motor Vehicles. You have the right to challenge this, but you must request an Administrative License Revocation (ALR) Hearing within 10 days. If you do not request a hearing, it is implied that you are not challenging the legality of the arrest or the results of the chemical (breath, blood or urine) tests. If you do request a hearing, you will be able to challenge:

• Whether the officer followed procedure during the arrest
• Whether you submitted to the chemical test
• If you refused the test, whether you were advised that refusing would result in a suspension

In order to challenge the legal issues as effectively as possible in both the administrative and court hearing, you will need a thorough understanding of the complex and extensive laws involved. There are specific reasons why and when a challenge can succeed. The hearing itself is administered by an Administrative License Revocation Hearing Officer. This attorney is intimately familiar with motor vehicle laws. A comparison can be made between an assistant district attorney and the hearing officer; they both hear cases on a constant, daily basis. It is upon his or her recommendation to the Motor Vehicle Director that a final decision will be made. If you do not successfully challenge the issues at the hearing, penalties will ultimately be imposed that may include:

• 90 day driver’s license suspension
• BAC .15 or higher: 1 year suspension
• After 30 days: work permit possible for first offenders, interlock ignition device required
• 1 year driver’s license suspension – anyone other than first offenders
• Work permit: not available to repeat offenders

The Administrative Hearing is only the first part of your DUI ordeal; you also face a criminal court hearing. You are advised to hire an Omaha DUI attorney to represent you at both hearings. Your Omaha drunk driving lawyer will carefully review the evidence against you, challenge any discrepancies and flaws and aggressively fight to maintain your innocence. It is unwise to represent yourself in a matter of such importance. Call our office to request a free consultation with an Omaha DUI attorney.