Nebraska DUI Sworn Report and Notice of Revocation Explained

What the Sworn Report Is

For a breath-test failure or refusal, the arresting officer hands you a multi-part carbon or printed form titled "Notice of Revocation / Sworn Report / Temporary License" at the scene. In a blood-test case, the DMV mails the notice after the laboratory results are finalized. These documents are central to the administrative track, and losing them creates immediate problems.

As a Sworn Report: It is the officer's sworn statement of the facts supporting the license seizure. It records the probable cause for the traffic stop, the basis for the DUI arrest, the type of chemical test administered (breath or blood), and the result. In an ALR hearing, this document is prima facie evidence — meaning the DMV hearing officer treats it as presumptively true unless you present evidence showing it's inaccurate or legally deficient.

As a Notice of Revocation: It formally notifies you that the Nebraska DMV will administratively revoke your driving privileges starting on Day 16 of the applicable temporary-permit period, unless you take action within the 10-day deadline.

As a Temporary License: For breath-test failures and refusals, the bottom portion of the document serves as your temporary driving permit, valid for exactly 15 days from the date of arrest. In a blood-test case, use the DMV's mailed notice and temporary permit; the applicable 15-day period controls.

The 10-Day Clock and How It Starts

For evidentiary breath-test cases and refusals, the 10-day administrative deadline starts on the date of your arrest — the date printed on the Sworn Report. For blood test cases, the timeline is different: because lab results take days or weeks, the DMV mails a separate Notice of Administrative License Revocation once results are confirmed, and your 10-day window starts from the mailing date on that DMV notice, not from the arrest.

This distinction trips up blood-test defendants who assume their deadlines match what breath-test cases face. If you had blood drawn instead of a breath test at the station, watch your mail carefully — the DMV notice triggers your entire administrative timeline.

Within those 10 days, you must choose one path:

Option A: Petition for an ALR hearing. You mail a signed "Petition for Administrative Hearing" to the DMV Legal Division in Lincoln, postmarked within the 10-day window. You must enclose your physical license if it was not confiscated; if the license is missing, use a notarized Affidavit of Lost License. Include a photocopy of the Sworn Report. If the hearing officer rules against you, you face a 180-day hard revocation (failed test) or one-year revocation (refusal) — and you lose immediate IIP eligibility.

Option B: Waive the hearing and apply for an Ignition Interlock Permit. This preserves continuous driving privileges. The IIP takes effect on Day 16 when your temporary permit expires, provided you've completed the installation and filing requirements. See IIP vs ALR hearing for the full comparison.

These paths are mutually exclusive. Filing an ALR petition forecloses immediate IIP eligibility. If you petition and lose, you cannot get an IIP until sentenced in criminal court — which can take months.

What to Do With the Sworn Report

Keep the original document in a safe place. You'll need it or copies of it at multiple points:

• A photocopy goes with your ALR hearing petition (if you file one)
• Your DUI attorney or public defender will need it for the criminal case discovery process
• The officer's account of the arrest — the probable cause, the testing sequence, the observations — becomes the foundation for any defense challenges
• If the Sworn Report contains errors (wrong date, wrong BAC, incorrect notation of the test type), these can be raised at the ALR hearing as grounds to contest the revocation

If you've lost the Sworn Report, contact the arresting agency (the city police department or county sheriff's office) for a copy. The DMV Financial Responsibility Division (402-471-3985) may also have the officer's submission on file.

Why the Sworn Report Matters for Your Defense

Defense attorneys scrutinize the Sworn Report for procedural weaknesses. Common issues include:

• Whether the officer articulated sufficient probable cause for the initial traffic stop
• Whether the implied consent advisory was properly administered before the chemical test
• Whether the officer correctly documented the type of test (preliminary breath vs. evidentiary breath vs. blood draw)
• Whether the timeline entries are internally consistent — a significant time gap between the traffic stop and the evidentiary test can affect the reliability of the BAC reading

These details feed into both the administrative and criminal tracks. The Nebraska First-Offense DUI Guide covers how to use the Sworn Report information at each decision point in the process.

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