John C. Wieland

Nebraska's DUI Criminal Defense Attorney

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A. The Nebraska Department of Motor Vehicles (DMV) provides near instant access on it's website to obtain a self check of the status of your operator's license.  NE Driver's License Quick Check
 

Q.  Did you know that a DWI (DUI) conviction will prevent a non-Canadian citizen from crossing the Border into Canada?

 

A.  Canada considers a DWI conviction an extremely serious offense and prohibits entry into Canada under its restrictive immigration laws.  A DWI conviction places an individual in an inadmissible class. The exclusion applies whether you will be driving or not. DWI or DUI and travel to Canada

 


Q.  What is an Ignition Interlock Device?

 

A.  An ignition interlock device (IID) is an electronic device installed in a vehicle to prevent it from starting until an alcohol-free breath sample is obtained from the driver.  The Court may grant a driver, who has lost operating privileges, the restricted ability to operate a motor vehicle during the DUI/DWI revocation period with the use of an IID.  The IID can be set to randomly request a rolling retest after the vehicle is started. The IID will then allow the driver 6 minutes to pull over and retest.  These retests are utilized to prevent another person from taking the test for the restricted driver. 

 


Q.  What is the difference between the Court revoking or impounding your driver's license?

 

A.  When a Court impounds your license, you cannot drive a motor vehicle for six months and the Court cannot allow the installation of an engine interlock device in your vehicle during the period of impoundment. 

 

     When a Court revokes your license, the revocation is for a period of months and it requires that the driver not drive for at least a minimum period of thirty days. This order may permit the driver to apply for an ignition interlock device to be installed on their vehicle for the remaining revocation period. 

 


Q:  How can I obtain an employment driving permit when my license is revoked by the Nebraska Department of Motor Vehicles (DMV)?

 

A.  A driver can apply to the DMV for an employment driving permit (EDP) and the DMV may grant its usage under certain circumstances:

 

     1.     When a driver submits to the blood, breath or urine chemical test and has not had a prior DMV administrative license revocation (ALR) in the  preceding 12 years, the driver can apply to the DMV for an EDP after the expiration of the first 30 days of the administrative license revocation period.

 

     2.     When a driver whose license has been administratively revoked for one year by the DMV for refusing to submit to a blood, breath or urine chemical test and has not had a prior DMV ALR in the preceding 12 years, that driver can apply to the DMV for an EDP after the expiration of the first 60 days of the administrative license revocation period.

 

     3.     When a driver has had a prior ALR in the preceding 12 years (and no refusals to test) the driver can apply immediately for an EDP.

 

     4.     A driver is not eligible to obtain an EDP where there was both a prior ALR and a refusal to submit to a chemical test in the preceding 12 years.

 

     5.    When a driver accumulates a total of 12 or more traffic points within a period of 2 years thus causing a driver's license to be revoked, the driver can immediately apply to the DMV for an EDP that will be effective for the entire period of the revocation.

 

     6.     When a driver's license has been suspended for failure of the driver to pay delinquent or past due child support, the driver can apply to the DMV for an EDP that is valid for no more than three months, but this type of EDP cannot be renewed.

 

     7.     Under limited circumstances a driver whose license has been suspended or revoked can apply to the DMV for a medical hardship driving permit that is valid for 90 days and upon its expiration can be applied for again.