Nebraska's 10-Day DMV Hearing Rule: Protect Your License After a DUI Arrest
After a DUI arrest in Nebraska, most people focus on the criminal case. However, there's a second, critical legal proceeding that happens automatically: the Administrative License Revocation (ALR) process with the Nebraska DMV.
You have only 10 calendar days from your arrest date to request a hearing and fight to keep your license. Miss this deadline, and your license will be automatically suspended—even before your criminal case goes to court.
This guide explains what Lincoln and Lancaster County drivers need to know about protecting their driving privileges after a DUI arrest.
1. Understanding the "Two-Track" DUI System
In Nebraska, a DUI triggers two separate legal actions:
Criminal Track (Court)
- Handled by Lincoln or Lancaster County criminal courts
- Determines criminal penalties: fines, jail time, probation
- Can take weeks or months to resolve
Administrative Track (DMV)
- Handled by the Nebraska Department of Motor Vehicles
- Automatic license suspension begins 30 days after arrest
- Independent of criminal case outcome
- Must be addressed within 10 days of arrest
Important: You can win your criminal case but still lose your license at the DMV. The two systems operate separately, which is why you need a DUI attorney experienced in both arenas.
2. The Critical 10-Day Deadline Explained
What Happens After Your Arrest:
- Day 0: You're arrested for DUI and given a temporary 15-day permit
- Days 1–10: Your window to request an ALR hearing with the DMV
- Day 11+: If no hearing requested, your right to contest is lost
- Day 30: Automatic license suspension begins (if hearing not requested or lost)
How to Request Your Hearing:
- Submit Form: Complete the DMV hearing request form (provided at arrest)
- Pay Fee: $50 administrative hearing fee
- Mail/Deliver: Send to Nebraska DMV in Lincoln
- Attorney Representation: You may have an attorney represent you at the hearing
What Happens If You Miss the Deadline:
Your license suspension becomes automatic.
Suspension Periods:
- First offense: 6-month suspension (may apply for ignition interlock after 30 days)
- Refusal to test: 1-year suspension
- Multiple offenses: Longer suspensions
3. Grounds for Fighting License Suspension
At your DMV hearing, your Lincoln DUI attorney can challenge the suspension on several grounds:
Common Defense Strategies:
- Invalid Traffic Stop: Lack of probable cause
- Improper Arrest Procedures
- Breathalyzer Issues:
- Calibration problems
- Officer not certified
- 15-minute observation period not followed
- Medical Conditions: Diabetes, GERD, ketosis
- Rising Blood Alcohol: BAC increasing between driving and testing
Possible Outcomes:
- Win: Suspension set aside
- Modified Win: Restricted license for limited purposes
- Loss: Suspension upheld
4. Lincoln-Specific DMV Hearing Considerations
Nebraska DMV Office:
Lincoln Headquarters: 301 Centennial Mall South, Lincoln, NE 68508
Hearing Info:
- Conducted by phone or video
- Scheduled within ~60 days of request
- Decision issued within 7–10 days
5. Immediate Steps After a DUI Arrest in Lincoln
Within First 24 Hours:
- Contact a DUI attorney
- Write down details of the stop
- Keep all paperwork
- Provide everything to your attorney
Days 1–10 (Critical Window):
- Attorney files hearing request
- Gather evidence
- Plan transportation
- Avoid discussing your case online
6. Special Considerations for Lincoln Drivers
Work Licenses & Ignition Interlock:
Possible options include:
- Employment Driving Permit
- Ignition Interlock Device (IID)
- Hardship License
Commercial Drivers (CDL):
- 0.04% BAC limit
- CDL suspension is often immediate
- DUI can permanently impact career
If you've been arrested for DUI in Lincoln or Lancaster County, the 10-day clock starts immediately. Contact our Lincoln DUI defense team today for a free case evaluation and immediate assistance protecting your license.