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Administrative License Revocation Hearings

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.

What is the purpose of the hearing?

You must show, by a preponderance of the evidence, why your license should be restored to you. There are two issues to be addressed at the hearing.

If your license has been impounded because you refused to submit to a chemical test, these are the only issues that 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, only 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.”
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How is the hearing conducted?

The hearing is conducted through a teleconference call. You must call 402-471-9593 well 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 will be tape recorded for an official record.

The Hearing Officer will open the hearing, state the names of those present and explain the purpose of the hearing. He will introduce exhibits, which were sent to you with the notice of hearing. (Please have these documents available to you at the hearing.) The most common exhibits are:

  • The Sworn Report sent by the arresting officer to the DMV, and
  • your driving record (driver’s abstract).

You will have the opportunity to review the exhibits, and object to any on legal grounds. You may offer your own exhibits if you wish. The Hearing Officer will decide if they are relevant and material, and rule on whether they may be entered.

You will then 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.

After the evidence has been recieved, you may argue your case.
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What evidence is admissible?

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 can request that the hearing be conducted under the rules of evidence as practiced in District Court. Neb.Rev.Stat. 27-101 etseq. A written request must be received by the DMV at least three days before the hearing, and you must provide a court reporter at your expense.
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What happens 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) by certified mail.

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.

  • If you have never had an ALR before, and you take the breath or blood test, your license will be revoked for 180 days.
    • .
  • If you refused the test, or have a prior ALR, your license will be revoked for one year.

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What happens if I miss the hearing?

The Hearing will begin on time and the revocation will take effect as provided in statute.


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May I ask for a different hearing date?

Yes, the Director may continue (reschedule) the hearing to a later date if there is a good reason. You must make the request in writing five days prior to the hearing and state the reasons for the request.
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What is a Hearing Officer?

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.
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Do I have the right to an attorney?

Yes, at your own expense. An attorney will not be provided for you.
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What if I need special accommodations?

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, you should 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.

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What laws apply?

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.
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