The following is intended to help you prepare for a hearing. It does not replace the appropriate statutes or regulations, and it does not bind the DMV in any way. If you want an exact explanation of the procedures, you may refer to the statutes and regulations, or consult an attorney.
If your license has been impounded because you refused to submit to a chemical test, these issues apply:
If you submitted to a test and tested over .08 BAC, these issues apply:
To get your license back, you must provide reasonable evidence to show that the answer is “no.”
The hearing is conducted through a recorded teleconference call. You must call 402-471-9593 in advance of the hearing to provide a telephone number for the hearing officer. If you cannot be reached, the hearing will take place in your absence.
The Hearing Officer will open the hearing. He will introduce exhibits, which were sent to you with the notice of hearing. The most common exhibits are:
You will have the opportunity to review the exhibits, and to offer your own exhibits. The Hearing Officer will decide if they are relevant and material, and rule on whether they may be entered.
You will have the opportunity to present evidence. If you need evidence from the officer who arrested you, you will have to make arrangements for him to appear. The DMV does not require his presence. If you testify on your own behalf, the Hearing Officer may ask questions of you.
All relevant, competent evidence that a reasonable person would consider reliable, including hearsay, is admissible in an informal hearing. You may object to any evidence, and the Hearing Officer will rule.
You may request that the hearing be conducted under the rules of evidence as practiced in District Court. Neb.Rev.Stat. 27-101 et seq.
If the ruling is in your favor, your license will be included with the decision (provided it is in DMV’s possession).
If the ruling is against you, your license will be revoked.
The Hearing Officer is an attorney appointed by the DMV to conduct ALR hearings. The Hearing Officer will preside over the hearing, administer oaths, examine witnesses, take testimony, rule on preliminary motions and all matters raised at the hearing, and recommend a decision to the Director. The Director may accept or reject the recommendation, and will issue a final order.
Yes, at your own expense. An attorney will not be provided for you.
If you require a specialized hearing location because of an ADA disability, please contact the DMV at least three days prior to the hearing.
ALR is governed by Neb.Rev.Stat. 60-498.01 through 60-498.04 (Related DUI statutes are Nev.Rev.Stat. 60-6,196 through 60-6,211.08.) Click here for statutes.
ALR is also governed by the DMV’s own rules and regulations: Title 247 NAC 1.
For more information about the ALR hearing process, the legal division phone number is:(402) 471-9593>