Administrative Review Hearing in Nebraska
A person who is arrested for DUI in Nebraska after failing or refusing a chemical test will have their driver’s license confiscated and be issued a temporary driving permit. The permit is valid for 30 days. The person can appeal the suspension of the license by requesting a hearing with the DMV within 10 days of arrest. If the person does not make the request within the 10 days leads to automatic suspension of the driver’s license. A hearing will be scheduled within 20 days of when the DMV receives the request if the defendant does request the hearing in a timely manner.
The administrative license revocation hearing is conducted by an officer of the DMV. At the hearing, the defendant can present evidence and testify that they did not fail or refuse the chemical test. The administrative license revocation hearing in Nebraska is limited in scope to the issue of whatever chemical test was performed and whether it was failed or refused. After the hearing, the Director of the DMV sends notice of whether the license suspension will be upheld or overturned. If it is determined that the alleged DUI offender did not fail or refuse the chemical test, the person’s license will be reinstated and they will have their driving privileges back. If the license suspension is upheld, the license is suspended for 90 days if it is a first DUI offense, 1 year if it is a second or subsequent DUI offense, and 1 year if the person refused chemical testing. The decision made by the Director of the DMV on whether to reinstate the license is mailed to the defendant and his or her attorney by certified mail.
At the hearing, a defendant must show why their license should be reinstated by a preponderance of the evidence. A defendant may base their case on the contention that the law enforcement officer did not have probable cause to believe they were under the influence of alcohol or drugs while operating a motor vehicle. The hearing is done through a teleconference call. A defendant has to provide a phone number to the DMV prior to the hearing. If the defendant cannot be reached at the time of the hearing, the hearing will still take place without them. The hearing is tape recorded for purposes of having an official record. A defendant has the right to have an attorney present at the hearing but the defendant must pay for the attorney’s services on his own. Otherwise, an attorney will not be provided for the defendant.
The Hearing Officer begins the hearing by stating the names of the parties and explaining the purpose of the hearing. The Hearing Officer is an attorney appointed by the DMV to preside over the administrative license revocation hearings. At the hearing, the Hearing Officer may have the arresting officer testify about the arrest. The defendant may testify on their own behalf and ask the arresting officer and any other witnesses questions if they so choose. After the hearing, the Hearing Officer makes a recommendation to the Director of the DMV, who then makes the final ruling.
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