Nebraska driving under the influence regulations will pursue a suspected drunk driver 2 ways:
- Administrative License Revocation Hearing (ALR Hearing)
- DUI criminal court case.
Nebraska DUI ALR Hearing
An ALR Hearing is a civil administrative hearing in which the state of Nebraska will try to suspend a suspects driving license for a certain amount of time.
Nebraska DUI Criminal Court Case
In a criminal court case the state of Nebraska is trying to prosecute a suspect for drinking and driving, and wants that suspect to:
- do time in jail
- pay monetary fines
- go to alcohol education classes
- put an ignition lock system on a suspect’s vehicle
- and a lot more.
The Importance Of Timely Notification In Nebraska DUI Cases
It is very important that a suspect get a hearing request in to the department of motor vehicles in Nebraska within 10 days of the time of arrest because if this is not done his or her license will be suspended automatically.
Nebraska DUI Prosecution
Nebraska driving under the influence rules can prosecute a suspect in a couple of ways:
- The first way by proving the suspect was impaired while operating his or her vehicle because of an intoxicating substance like alcohol or drugs(legal or otherwise). It does not matter what level of the substance is in the suspects system for this type of conviction.
- The second way Nebraska driving under the influence laws can get a conviction of a suspect is by way of chemical results from a Blood Alcohol Content(BAC) test. The level at which a suspect is criminally prosecutable in .08 percent or more.
According to Nebraska driving under the influence laws a prosecutor must convince a jury of six persons of the guilt of a suspect and the verdict must be unanimous.
Nebraska DUI DMV Hearings
At a Nebraska driving under the influence ALR Hearings the state of Nebraska will decide whether a suspect will lose his or her driving privileges this is base off a few facts for example;
- whether or not the stop and arrest were lawful,
- whether the suspect submitted to a chemical test with results of .08 or more
- whether the suspect refused after having been told of the consequences of refusing
The Nebraska DUI ALR Hearing is done with an ALR Hearing Officer – an attorney that is deputized to give recommendations to the head of the department of motor vehicles in Nebraska.. After the driving under the influence ALR Hearing, the deputized attorney will tell the head of the DMV his or her opinion, and the head will decide in the suspects favor or not. The answer will be sent to the suspect by certified letter.
The Importance Of An Experienced Nebraska DUI Attorney
If you are a suspect or you know someone that is a suspect of DUI in Nebraska it is very important that you seek that advice of a qualified Nebraska DUI defense lawyer as soon as you can to insure
- your rights
- your driving privileges
- your criminal record and
- your freedom.
Originally posted 2016-12-11 14:51:55.