I have been charged with Driving Under the Influence (DUI/DWI). What happens to my license? When will I be able to drive?—A brief review of Work Permits and the Interlock Device in Nebraska.

12/25/20091:36:17 PM Link 0 comments | Add comment

ALR, Criminal Defense, Criminal Defense Attorney, Criminal Defense Lawyer, DMV, Driving Under the Influence, DUI

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, suspension or impoundment by the Court.  You are entitled to attorney representation throughout both of these processes.  Often times both license suspensions will run concurrent (at the same time).

In Nebraska, there are basically two options for driving during your license suspension: (1) a Work Permit and (2) the Interlock Device.  Most lawyers/attorneys prefer their clients opt for the interlock device if they can afford it.  The reasons many attorneys, including myself, prefer the interlock device to the work permit are that the interlock device is much more flexible than the work permit, and the interlock device can keep points off of your drivers’ license.

The interlock device provides much more flexibility than the work permit.  A work permit only allows a person to drive to and from work.  If a person has more than one place of employment, they must register a work permit with each and every employer.  Also, as mentioned above, the interlock device keeps points off of your drivers’ license.  If a person acquires twelve or more points on their license within any two-year time period, their license will be revoked by the DMV; use of the interlock device can keep these points off of your driving record.

The work permit does, however, have some advantages to the interlock device for someone who is facing a DUI.  First, a person facing a DUI charge and serving an ALR suspension is eligible to receive a work permit before the person charged with DUI goes in front of a judge.  On a first offense DUI in Nebraska, the person cited can apply for a work permit once they have served the first thirty days of their ALR suspension with the Nebraska DMV, compared to the interlock device which must be ordered by the Court as a term of probation.  Second, a person charged with driving under the influence is only required to maintain SR-22 insurance during the duration of the work permit, whereas someone using the interlock device is required to keep an SR-22 certificate on file for three years.

The bottom line is there often are available options for driving during portions, if not all, of your license suspension/revocation.  What options are available to you depends on the facts surrounding your situation.  After you have been cited for DUI, speak to an attorney as soon as possible to discuss what is best for you.