DUI Refusal in Nebraska

If a person arrested for DUI refuses to submit to a chemical test of blood, breath, or urine, the arresting officer shall verbally notify the arrested person of the intention to confiscate and revoke the operator’s license immediately and that the revocation will be automatic 15 days after the date of arrest as required by § 60-498.01(2).

The arresting peace officer must, within ten (10) days, forward to the director a sworn report stating:

  1. that the person was arrested as described in subsection (2) of section 60-6,197 and the reasons for such arrest;
  2. that the person was requested to submit to the required test; and
  3. that the person refused to submit to the required test.

The arresting officer’s sworn report must, at minimum, contain the information specified in the applicable statute to confer jurisdiction. Betterman v. Department of Motor Vehicles, 273 Neb. 178, 728 N.W.2d 570 (2007).

If the person whose driver’s license has been confiscated desires an ALR hearing, a petition must be filed within 10 days after the mailing of the notice of revocation, and a hearing shall be conducted within 20 days after the petition is received by the director. See § 60-498.01(6)(a) and (b).

Attorney for a DUI Refusal in Nebraska

Under Nebraska law, any person who operates a motor vehicle is deemed to have given his or her consent to submit to a chemical test of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs.

Refusing to submit comes with certain consequences, including a longer administrative revocation, a consciousness of guilt argument at trial, and harsher penalties after a conviction.

Let the attorneys at Liberty Legal Group represent you after a DUI arrest.

Call (402) 865-0501 to request a free consultation.

Administrative License Revocation (ALR) in a Refusal Case

As explained by Section 60-498.01(6)(c), the issues in a DUI refusal case at the Administrative License Revocation (ALR) include whether:

  • the peace officer had 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 [under the influence of alcoholic liquor or any drug]; and
  • the person refused to submit to or fail to complete a chemical test after being requested to do so by the peace officer.

In an ALR proceeding, the sworn report of the arresting officer is received into the record by the hearing officer as the jurisdictional document of the hearing, and upon receipt of the sworn report, the director’s order of revocation has prima facie validity. Barnett v. Department of Motor Vehicles, 17 Neb. App. 795, 770 N.W.2d 672 (2009).

The DMV makes a prima facie case for license revocation once it establishes that the arresting officer provided a sworn report containing the required recitations. After that, the burden of proof rests solely with the motorist, who must show by a preponderance of the evidence that the requirements of revocation are not satisfied. Travis v. Lahm, 306 Neb. 418, 945 N.W.2d 463 (2020).

If the arrested individual refuses to submit to a chemical test, the recitations in the sworn report must represent:

  1. that the person was arrested as described in § 60-6,197(2) (upon reasonable grounds to believe person was driving or in actual physical control of motor vehicle while under the influence of alcoholic liquor or drugs, officer may require person to submit to chemical test or tests of blood, breath, or urine to determine concentration of alcohol or presence of drugs);
  2. the reasons for the arrest, and
  3. that the arrested person was requested to submit to the required test but refused to do so.

See § 60-498.01(2).