The first step you should take following a driving under the influence (DUI) arrest in Omaha is to meet and retain a local DUI attorney as soon as possible. Depending on the outcome of your case, your driver’s license may be suspended for some time. If you need to challenge a DUI license suspension in Omaha, turn to the dedicated professionals at Berry Law.
Our experienced DUI lawyers can offer advice about certain important next steps such as potentially getting a chemical dependency evaluation. They can also reach out to the prosecutor to learn the State’s position and discuss whether there are any potential defects in the government’s case.
If our aggressive DUI attorneys determine there are any legal issues regarding your traffic stop, a search of you or your vehicle, or the field sobriety testing, we could argue that your charges should be dropped.
At the same time, the team at Berry Law could help you if your driver’s license is suspended due to a DUI arrest. Our state uses an administrative process to suspend driver’s licenses after a DUI arrest and the attorneys at Berry Law have extensive experience when it comes to challenging a license suspension following an Omaha DUI. We’re here to fight for you in court and through all relevant administrative channels.
Can You Legally Drive After a DUI Arrest?
Upon being arrested for DUI in Nebraska, the Department of Motor Vehicle’s Administrative License Revocation rules take effect. Under these rules, police officers are authorized to confiscate the arrested driver’s license immediately. However, under certain circumstances, a person who was arrested for driving under the influence can receive permission to legally drive their car within the fifteen-day period following the arrest.
After the initial fifteen days, the DUI defendant’s license can be revoked for a period of time that will depend on whether the person being arrested:
- Submitted to field sobriety testing
- Failed field sobriety testing, or
- Has prior DUI offenses.
Also, after the first fifteen days following the DUI arrest, the defendant might be eligible for an ignition interlock permit (IIP) where a device is installed on their car to check sobriety before the car will start. This device allows the individual to keep driving legally as long as they use the IID correctly.
Steps Involved in Challenging a DUI License Suspension
When a person is ticketed for a DUI, they receive a notification from the Nebraska Department of Driving. This notice gives the individual the option of contesting their license suspension through an administrative procedure prior to any court hearing.
If the person decides not to challenge the suspension of their driver’s license, the license will be suspended after the initial fifteen-day period until there is a resolution of the DUI charges in court. Depending on your circumstances, there may be many ways a skilled DUI attorney at Berry Law could help you challenge your license suspension following an Omaha DUI.
What is the Administrative Hearing Process For Fighting a DUI License Suspension?
In Omaha, challenging a DUI license suspension involves a hearing process that starts with the defendant receiving a form in the mail describing how to request an administrative hearing. Once the individual submits that form, they will be assigned a hearing date when they can formally contest the suspension.
To be prepared for a formal license suspension review hearing, it is important to gather and prepare police reports or any other potential evidence that can be submitted to the administrative law judge. At the hearing, the defendant and their attorney have the opportunity to present evidence to explain why the defendant’s driver’s license should not be suspended.
If a person loses this hearing, their license will be revoked, pending any disposition or resolution in the criminal case. The revocation can be effective for at least six months and up to a year or more. For more information, consult with the tenacious legal team at Berry Law.
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Consider Obtaining a State ID Card After a License Suspension
If your license has been suspended, you can request an official Nebraska ID card by showing proof of identification with another form of photo ID. For example, you may have a passport, a personalized credit card, or some other official document with your picture on it. Since many situations require proof of identity, such as traveling or opening a bank account, it’s important to have a valid photo ID after your driver’s license is suspended.
The Dedicated Legal Team at Berry Law Can Help You Challenge a DUI License Suspension in Omaha
Trying to navigate your life without a valid driver’s license can be challenging. You may not be able to get to work or provide assistance to sick or elderly family members if you can’t drive. After a DUI arrest, you will lose your driving privileges unless you take certain steps, both administratively and in the criminal court system.
These processes are complicated and technical. One misstep and your driver’s license could be revoked for an extended time. Don’t try to protect your driving privileges on your own. Trust one of Berry Law’s license suspension lawyers to guide you through each system. If you have any questions about challenging a DUI license suspension following an Omaha arrest for driving under the influence, contact the experienced DUI attorneys at Berry Law today.
