The first step a defendant should take following a DUI arrest is to meet and retain an attorney immediately. The attorney will advise him or her about potentially getting a chemical dependency evaluation and reaching out to the prosecutor to see what his or her position is and if there are any potential defects in the case. If there are any issues regarding the stop, search, or field sobriety test, the lawyer could argue that the charges should be dropped.
Also, a seasoned DUI lawyer from the Berry Law could help an individual who has had his or her driver’s license suspended due to a DUI. An attorney who is experienced challenging a license suspension following an Omaha DUI could fight for you.
Can a Person Legally Drive After a DUI Arrest?
There are certain circumstances a person could legally drive his or her car during the ten-day period following an arrest. In Nebraska, people who get a DUI are given a temporary license that gives them two weeks to drive. After that, the person could apply for the ignition interlock device to be installed, which allows the individual to keep driving legally.
Steps to Challenging a License Suspension
When a person is ticketed for a DUI, he or she receives a notification from the Nebraska Department of Driving. That gives the individual the option of contesting that suspension prior to any court hearing. If the person decides not to challenge the suspension of their license, his or her license will be suspended pending any resolution in court. Fortunately, there are many ways an attorney could help someone with challenging a license suspension following an Omaha DUI.
In Omaha, the hearing process of challenging a license suspension starts with the defendant getting a form in the mail allowing him or her to request an administrative hearing. The individual will send that form off and then he or she will get a day as to when they would be able to potentially contest the suspension. The steps a defendant should take after requesting a formal review hearing will be to make sure that he or she gets access to any police reports or any other potential evidence to submit to the administrative law judge. At the hearing, the person and his or her attorney have the opportunity to present evidence as to why the defendant’s driver’s license should not be suspended.
If a person loses one of those hearings, his or her license will be revoked, pending any disposition or resolution in the criminal case. For more information, consult with a knowledgeable lawyer.
Obtaining an ID Card After a License Suspension
If a person’s license has been suspended, he or she obtains an official Omaha ID card by showing some other picture proof of ID. For example, he or she may have a state ID, a passport, or something else with their picture on it. If you have any questions about challenging a license suspension following an Omaha DUI, call today.