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.
Issues at the Hearing
If your license has been impounded because you refused to submit to a chemical test, these issues apply:
- Did the law enforcement officer have probable cause to believe you were operating a motor vehicle while you were under the influence of drugs or alcohol?
- Did you refuse to submit or fail to complete a test when directed to do so by a law enforcement officer?
If you submitted to a test and tested over .08 BAC, these issues apply:
- Did the law enforcement officer have probable cause to believe that you were operating or in the actual physical control of a motor vehicle while under the influence of drugs or alcohol?
- Were you operating or in the actual physical control of a motor vehicle while you had an illegal concentration of alcohol in your system?
To get your license back, you must provide reasonable evidence to show that the answer is “no.”
Conduct of the Hearing
The hearing is conducted through a recorded teleconference call. Exhibits will be mailed to you prior to the hearing. You will need to send your own exhibits that you intend to offer at the hearing to the Department. 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 conduct the hearing. The Hearing Officer will introduce the exhibits, which were sent to you with the notice of hearing. You will have the opportunity to review these exhibits mailed to you by the Department. The most common exhibits are:
- The Sworn Report
- your driving record (driver’s abstract)
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.
After the Hearing
The Hearing Officer will recommend a decision to the Director, who makes the final decision. The decision will be mailed to you (and your attorney).
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.
Do I Have the Right to an Attorney?
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.
- If you cannot speak English, bring an interpreter.
- If you cannot communicate because of a disability such as deafness or muteness, please contact the DMV at least five days prior to the hearing.
For more information about the ALR hearing process, the legal division phone number is: (402) 471-9593