How to Get Your License Back After a DUI in Nebraska

A DUI in Nebraska is officially called Driving While Impaired (DWI) and is the offense committed when a person is arrested for driving a car while under the influence of drugs or alcohol in the state. A DWI offense in Nebraska can result in a driver losing their driver's license and punishment ranging from seven to 60 days of jail time. The Nebraska Department of Motor Vehicles is the official agency responsible for issuing licenses in Nebraska.

Step 1: Know the Terms of Your Suspension

In Nebraska, the suspension of a driver's license after a DUI violation depends on whether the offense is a first-time offense, a repeat offense, or a refusal to take a chemical test.

• First-time DWI with a BAC greater than 0.08% leads to 180 days of license suspension with a 30-day waiting period, after which an application for an ignition interlock permit (IIP) is installed.
• First-time DWI with a BAC greater than 0.15%: This is considered an aggravated DWI, and the license is suspended for one year, resulting in no driving for 45 days, after which the driver can apply for IIP to drive for the rest of the year.
• Second DWI Offense within 15 years of First: No IIP for 45 days after arrest, after which the driver can apply for IIP.
• Third DWI Offense: License suspension for 15 years, especially where BAC exceeds 0.15%. IIP may be available after 45 days if a court approves, and is subject to compliance.
• Refusal to comply with a chemical test: Results in a 90-day suspension from driving, after which the driver can apply for an IIP to drive for 9 months. A second refusal will result in an 18-month license revocation.

Step 2: Fulfill Court and DMV Requirements

In Nebraska, a DWI arrest results in two separate consequences from the Department of Motor Vehicles (DMV) and the courts. The DMV suspends the driver's license administratively, while the courts impose criminal penalties. A driver can still face penalties even if they do not serve the other. For example, it is possible to face a DMV suspension even if you are not convicted in court.

DMV penalties are triggered by failing a chemical test or refusing to take a test and include:

• The confiscation of the license and issuance of a 15-day temporary permit
• Suspension of the license after 15 days, unless the driver requests a hearing.
• Requirement of an Ignition Interlock IIP device.

Court penalties, on the other hand, include:

• Arraignment and a trial
• Jail time from 7 days to 1 year if found guilty, or if the driver pleads guilty
• Fines from $500 to over $1000
• Required alcohol education, probation, or rehab
• Evaluation and treatment.

Step 3: Complete a DUI Education or Treatment Program

Nebraska mandates DWI education and treatment programs by the court and the Department of Motor Vehicles (DMV). These programs include:

• Level 1 Alcohol Education: This is a 10-hour program that the court orders for first-time offenders. It is focused on educating the driver about the misuse of alcohol and safe driving habits and costs from $70 to $150.
• Level II Outpatient Counseling: This is typically delivered in weekly sessions for repeat offenders or high-risk offenders. It also includes a court-ordered state-certified alcohol assessment. This program can incur costs ranging from $150 for 8 hours to $400 per week on average.
• DMV Sobriety Program Permit: This program is part of Nebraska DMV's administrative License Revocation (ALR) System. After a DWI-related license revocation, eligible drivers can apply for the program to get driving privileges during their suspension. This program requires a certified court order to qualify. The permit costs $50, while the device costs a one-time installation fee of $75 to $150 and a monthly maintenance and calibration fee of $50 to $80.
• Driving While Intoxicated (DWI) Courts: These are optional programs designed to be intensive and available in some counties, such as Lancaster, where participants are closely monitored. The program lasts 18 to 24 months, and a reduction or dismissal of DWI charges may be possible upon completion. Fees for this program range from $ 3,400 to $7,000, depending on the average charges.

Certificates after completion of DWI-related programs help to show proof of compliance with requirements, as without these certificates, the DMV and the courts can not confirm a participant's completion claims. In programs such as DWI Courts, participants receive multiple certificates, which must be submitted to the DWI Court Coordinator to progress through phases and ultimately reduce or dismiss charges.

Step 4: Get SR-22 Insurance or Equivalent

An SR-22 is a certificate your insurance company files with the Nebraska DMV to prove you carry the state's minimum liability coverage. An SR-22 is not a separate insurance policy but rather official proof that the person named on the document is insured.

Nebraska requires SR-22 proof for three years under the following situations:

• After a DWI conviction, the court revokes driving privileges
• Accumulating 12+ points within two years, your license is revoked
• Convicted of driving uninsured
• Accident-related suspensions or unsatisfied damage judgments

To obtain an SR-22 in Nebraska, contact your insurance company and request that an SR-22 filing be added to your existing liability policy. Pay the SR-22 filing fee, which typically ranges from $25 to $50, depending on the provider. The insurer submits the SR-22 electronically or by mail to the Nebraska Department of Motor Vehicles' Financial Responsibility Division.

Nebraska's average annual SR-22 premium is approximately $2,259, or around $188 per month. With an SR-22, your monthly premium may increase from around $41 to $85 per month, representing a rise of approximately $44 per month over a clean record.

Step 5: Pay Reinstatement Fees

Before restoring your Nebraska driving privileges, you must pay the appropriate reinstatement fee to the DMV's Financial Responsibility Division. The fees vary by suspension type in Nebraska.

• Court-Ordered Revocation: The cost to reinstate a driving privilege for a DWI or point-system revocation is $125 for the first offense and $175 for subsequent DWIs.
• Support-Ordered Revocation: Restoring your driving privilege after failing to comply with a child support or alimony order costs $50.
• Default-Judgment Suspension: It costs $50 to reinstate your driving license after failure to pay accident-judgment debt.

The driving privilege reinstatement fees may be paid online, by mail, or in person. For online payment, visit the Financial Responsibility section of the Nebraska Department of Motor Vehicles (DMV). Click "Pay Reinstatement Fee" and follow the prompt to pay the fees online. To pay reinstatement fees by mail, make a cashier's check or money order payable to the DMV. Mail the fees to:

Nebraska Department of Motor Vehicles
Financial Responsibility Division
P.O. Box 94877
Lincoln, NE 68509-4877

Reinstatement fees are payable in person at any Nebraska DMV office by cash, check, money order, or debit/credit card.

Step 6: Submit Your License Reinstatement Application

After satisfying all requirements following a license suspension or revocation, such as completing court-ordered education or treatment, interested individuals can apply to have their license reinstated. An application can be made on the DMV website by paying a reinstatement fee of $125 online and verifying that the applicant meets the reinstatement requirements.

In-person reinstatements are possible with a current photo ID, cashier's check or money order for $125, and a certificate of completion of DWI programs and a certified court order at the Downtown Lincoln DMV Office at:

301 Centennial Mall South
Lincoln NE.

Alternatively, the application, along with a cover letter with date of birth, license number, social security number, and current mailing address, can be mailed to:

Department of Motor Vehicles
P.O. Box 94877
Lincoln, NE 68509-4877

What If You're Denied License Reinstatement in Nebraska?

If your Nebraska license reinstatement is denied, the DMV will send a written "Notice of Decision" explaining the reason for the refusal. Generally, the most common reasons for denied license reinstatement in Nebraska include:

• Failure to pay the $125 reinstatement fee
• Missing proof of financial responsibility, SR-22
• Absent or insufficient documentation from the required programs
• Outstanding holds from other states
• Failure to file a petition for an Administrative License Revocation within 10 days of the officer's sworn report

Hardship Licenses: Driving with Limited Privileges

Individuals with a revoked or suspended license may be eligible for a hardship or restricted driving privilege permit, which takes two main forms:

• Medical Hardship Driving Permit (MHP): For those whose regular license has been revoked under a point system but need to drive for medical care. It is valid for 90 days and can be renewed upon application.
• Employment Driving Permit (EDP): For individuals who have been revoked under the point system or after the 90-day administrative revocation and need to drive to and from work. It is valid for 90 days and renewable upon application.

To be eligible for a hardship license in Nebraska, individuals must be state residents with a previously issued driver's license. The driving privileges must be revoked under the Nebraska Point System or a 90-day administrative revocation. The applicant must not have an outstanding revocation in other jurisdictions and must meet all other reinstatement requirements, such as obtaining an SR-22 and paying the required fees.

To apply for a hardship license in Nebraska, complete the appropriate application form for the MHP or EDP. Surrender your revoked license at the Lincoln DMV. Provide proof of financial responsibility, typically the SR-22. Submit the documents to the DMV Records & Driver Control Bureau.

Both the MHP and EDP hardship licenses have limitations and implications for the holder. The MHP permits only travel from home to a medical facility, whereas the EDP allows the holder to move from home to a place of employment. Both permits prohibit travel outside the specified authorized routes.

How Long Does It Take to Get Your License Back After a DUI?

After a DUI in Nebraska, the timeline for restoration of license, assuming full compliance with all administrative and court requirements, can vary as follows: