Nebraska Statutes 60-498.02. Driving under influence of alcohol; revocation of operator’s license; reinstatement; procedure; ignition interlock permit; restriction on operation of motor vehicle
(1) At the expiration of fifteen days after the date of arrest as described in subsection (2) of section 60-6,197 or if after a hearing pursuant to section 60-498.01 the director finds that the operator’s license should be revoked, the director shall (a) revoke the operator’s license of a person arrested for refusal to submit to a chemical test of blood, breath, or urine as required by section 60-6,197 for a period of one year and (b) revoke the operator’s license of a person who submits to a chemical test pursuant to such section which discloses the presence of a concentration of alcohol specified in section 60-6,196 for a period of one hundred eighty days unless the person’s driving record abstract maintained in the department‘s computerized records shows one or more prior administrative license revocations on which final orders have been issued during the immediately preceding fifteen-year period at the time the order of revocation is issued, in which case the period of revocation shall be one year. Except as otherwise provided in section 60-6,211.05, a new operator’s license shall not be issued to such person until the period of revocation has elapsed. If the person subject to the revocation is a nonresident of this state, the director shall revoke only the nonresident’s operating privilege as defined in section 60-474 of such person and shall immediately forward the operator’s license and a statement of the order of revocation to the person’s state of residence.
Terms Used In Nebraska Statutes 60-498.02
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(a) Has a gross combination weight rating or gross combination weight of eleven thousand seven hundred ninety-four kilograms or more (twenty-six thousand one pounds or more) inclusive of a towed unit with a gross vehicle weight rating or gross vehicle weight of more than four thousand five hundred thirty-six kilograms (ten thousand pounds). See Nebraska Statutes 60-465
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Motor Vehicles. See Nebraska Statutes 60-465.01
- Director: shall mean the Director of Motor Vehicles. See Nebraska Statutes 60-466
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Motor vehicle: means all vehicles propelled by any power other than muscular power. See Nebraska Statutes 60-471
- Nonresident: shall mean every person who is not a resident of this state. See Nebraska Statutes 60-472
- Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
- Person: shall mean every natural person, firm, partnership, limited liability company, association, or corporation. See Nebraska Statutes 60-476
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Vehicle: shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved solely by human power or used exclusively upon stationary rails or tracks. See Nebraska Statutes 60-478
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(2) A person operating a motor vehicle under an ignition interlock permit issued pursuant to sections 60-498.01 to 60-498.04 shall only operate a motor vehicle equipped with an ignition interlock device. All permits issued pursuant to such sections shall indicate that the permit is not valid for the operation of any commercial motor vehicle.
(3) A person may have his or her eligibility for a license reinstated upon payment of a reinstatement fee as required by section 60-694.01.
(4)(a) A person whose operator’s license is subject to revocation pursuant to subsection (3) of section 60-498.01 shall have all proceedings dismissed or his or her operator’s license immediately reinstated without payment of the reinstatement fee upon receipt of suitable evidence by the director that:
(i) The prosecuting attorney responsible for the matter declined to file a complaint alleging a violation of section 60-6,196 or a city or village ordinance enacted in conformance with such section or dismissed a filed complaint alleging a violation of section 60-6,196 or a city or village ordinance enacted in conformance with such section prior to trial;
(ii) The defendant, after trial, was found not guilty of violating section 60-6,196 or a city or village ordinance enacted in conformance with such section; or
(iii) In the criminal action on the charge of a violation of section 60-6,196 or a city or village ordinance enacted in conformance with such section arising from the same incident, the court held one of the following:
(A) The peace officer did not have probable cause to believe the person was operating or in the actual physical control of a motor vehicle in violation of section 60-6,196 or a city or village ordinance enacted in conformance with such section; or
(B) The person was not operating or in the actual physical control of a motor vehicle while having an alcohol concentration in violation of section 60-6,196 or a city or village ordinance enacted in conformance with such section.
(b) The director shall adopt and promulgate rules and regulations establishing standards for the presentation of suitable evidence of compliance with subdivision (a) of this subsection.
(c) If a criminal charge is filed or refiled for a violation of section 60-6,196 or a city or village ordinance enacted in conformance with such section pursuant to an arrest for which all administrative license revocation proceedings were dismissed under this subsection, the director, upon notification or discovery, may reinstate an administrative license revocation under this section as of the date that the director receives notification of the filing or refiling of the charge, except that a revocation shall not be reinstated if it was dismissed pursuant to section 60-498.01.