Criminal Defense

How Does an Interlock Device Affect a DUI/DWI Charge?

In a previous post, I discussed what happens when you have been charged with DUI and the general processes one goes through.  One of the previous things discussed was license revocations/suspensions.  Again, if you have been charged with DUI/DWI, the first thing you should do is speak to an attorney.

When you are convicted of DUI in Nebraska, either at trial or by pleading guilty, you are dealing with two separate license revocations/suspensions: (1) Administrative License Revocation (ALR) through the Nebraska Department of Motor Vehicles (DMV) and (2) license revocation by the Court.  You are entitled to attorney representation throughout both of these processes.  Typically, both license suspensions will run concurrent (at the same time).

In Nebraska, the Interlock Device is now a requirement with most DUI convictions and will allow you to continue driving your revocation period.

For first offense DUI, your license will be suspended through the DMV via the ALR for six months.  As of 2012, you are now eligible to have the interlock installed on your vehicle immediately upon expiration of your fifteen day temporary license.  There is no longer a 30 day waiting period.  The new laws also provide for installation of the interlock prior to appearing in court.

For second offense ALR revocations your license will be suspended for one year.  You are still allowed to obtain the interlock prior to court; however, for subsequent ALR revocations there is a 45 day waiting period upon expiration of your temporary license.  Court ordered revocations for subsequent DUI’s are separate from the ALR revocation through the DMV and will result in an additional revocation period depending on the number of valid prior convictions.  The extended period ranges from eighteen months to fifteen years.

Chandler | Conway

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