Nebraska Administrative License Revocation: The ALR Process After a DUI

Nebraska's Administrative License Revocation is the civil process the DMV uses to revoke your driving privileges after a DUI arrest — completely separate from whatever happens in criminal court. The ALR runs on its own timeline, with its own evidence rules, and its outcome doesn't depend on whether you're convicted.

Understanding this process matters because it starts before your criminal case even gets filed, and missing its deadlines has immediate, irreversible consequences.

How the ALR Gets Triggered

When a law enforcement officer arrests you for DUI and you either fail the chemical test (BAC ≥ 0.08%) or refuse testing, the officer confiscates your license on the spot and issues two documents:

1. A 15-day temporary driving permit — your legal authority to drive until day 16
2. A Sworn Report / Notice of Revocation — the officer's official account of the arrest, which serves as prima facie evidence in any subsequent hearing

The Sworn Report is transmitted to the DMV, which starts the administrative revocation process independently. The DMV doesn't wait for the criminal case, doesn't coordinate with the prosecutor, and doesn't care whether charges are eventually filed or dropped.

The 10-Day Petition Window

From the trigger date, you have exactly 10 days to mail a completed "Petition for Administrative Hearing" to the DMV Legal Division in Lincoln. The trigger date depends on the test type:

• Breath test or refusal: The arrest date
• Blood test: The mailing date printed on the DMV's Notice of Revocation (sent after lab results come back)

The petition must be postmarked within the 10-day window. You must include your physical driver's license (or an Affidavit of Lost License if it was not confiscated and is missing) and a copy of the Sworn Report. Missing the license enclosure triggers an automatic denial.

If you don't petition within 10 days, the right to a hearing is permanently forfeited. Filing for the hearing also forfeits your ability to apply for an Ignition Interlock Permit through the administrative process — these are mutually exclusive options.

What Happens at the Hearing

The DMV schedules the hearing within 20 days of receiving your petition. It's conducted via recorded teleconference — you don't appear in person. A DMV-appointed hearing officer presides.

The hearing is narrowly scoped. The officer considers only:

• Whether the law enforcement officer had reasonable suspicion to initiate the traffic stop
• Whether there was probable cause for the DUI arrest
• Whether the chemical test was administered in compliance with statutory requirements
• Whether the operator's BAC was at or above the legal limit (or whether they refused testing)

The arresting officer's Sworn Report is accepted as prima facie evidence. To prevail, you must present specific evidence showing the report is factually inaccurate or that a procedural requirement wasn't met.

Winning arguments typically involve documented deficiencies: the breath-testing instrument's calibration was outside the 190-day DHHS certification cycle, the operator administering the test had an expired permit, the 15-minute observation period was violated, or the stop itself lacked articulable reasonable suspicion.

Consequences of Winning or Losing

If you win: The revocation is rescinded. Your standard license is restored, and you don't need an interlock device for the administrative track. The criminal case still proceeds separately.

If you lose (failed chemical test, first offense, including aggravated BAC ≥ 0.15%): 180-day hard revocation — no driving at all. You cannot apply for an IIP until the criminal court enters a sentence, which typically takes three to six months.

If you lose (refusal): One-year hard revocation. Same IIP lockout until sentencing.

The loss scenario is severe. Unlike the IIP path where driving continues on day 16, a lost hearing leaves you with no legal way to drive during the gap between the hearing decision and criminal sentencing.

The Sworn Report as Evidence

The Sworn Report is the most important document in the ALR process. It records the officer's observations, the basis for the stop, the field sobriety tests administered, and the chemical test results. At the hearing, it carries the weight of sworn testimony unless you present evidence contradicting it.

If you petition for a hearing, review the Sworn Report carefully for discrepancies: wrong times, inconsistent descriptions, missing observations that the statute requires, or any indication that chemical testing protocols weren't followed. These specifics are what hearing officers evaluate — not general arguments about fairness or character.

How This Interacts with the Criminal Case

The ALR outcome has no direct effect on your criminal case, and vice versa:

• Winning the ALR hearing doesn't mean criminal charges get dropped
• Criminal case dismissal doesn't undo an ALR revocation already in effect
• A criminal conviction triggers its own court-ordered revocation, which runs alongside (or after) the administrative one

The two tracks unify only at license reinstatement. To get your full license back, you must satisfy the reinstatement requirements of both the DMV and the sentencing court — $125 reinstatement fee, SR-22 insurance, and written/driving exams.

The Nebraska First-Offense DUI Guide covers the full ALR timeline, the IIP alternative path, and how administrative credit between the two tracks works to minimize your total restricted-driving period.

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