How to get your license back after a DUI in Nebraska
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the Nebraska Department of Motor Vehicles lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Serve the court-ordered revocation period (with an Ignition Interlock Permit where ordered)
The Nebraska DMV states that a license is revoked when the court's judgment orders withdrawal of the license for the time period ordered by the court. Under Neb. Rev. Stat. § 60-6,197.03, a first DUI conviction carries a six-month revocation (60 days if probation or a suspended sentence is ordered; one year at 0.15 or more) and the revocation order requires the person to apply for an ignition interlock permit and have a device installed on any vehicle operated during the revocation; a second conviction carries an 18-month revocation with a 45-day no-driving period and an interlock for at least one year.
What the source says
“Your operator’s license and/or operating privileges can be revoked whenever you are convicted of a traffic violation and the judgment from the court contains an order to withdraw the operator’s license and/or privileges for the time period ordered by the court.”
- 2
Surrender the Nebraska license or permit (or sign an affidavit of lost license)
The DMV's Court Ordered Revocations reinstatement list begins with surrendering the Nebraska operator's license/permit to the Downtown Lincoln DMV office only, or signing an affidavit of lost license (which can be faxed); this does not apply if the license has expired. Requirements are submitted to the DMV in Lincoln, not to a local Driver License Exam Station.
What the source says
“Surrender your Nebraska operator's license/permit to the Downtown Lincoln DMV Office Only at 301 Centennial Mall South, Lincoln, NE or sign an affidavit of lost license if you no longer have possession of the license”
- 3
File proof of financial responsibility (SR-22) for three years
The DMV requires proof of financial responsibility to remain on file for three years from the date of eligibility for reinstatement, regardless of state of residence, normally in the form of an SR-22 Certificate of Insurance submitted for each vehicle registered in the driver's name; failure to comply results in suspension for an Insurance Cancellation, and the SR-22 cannot be faxed. The DMV's Ignition Interlock Permit page states this applies if the court revoked driving privileges and the driver has vehicles registered in their name only; the DMV's ALR reinstatement list does not include an SR-22.
What the source says
“File proof of financial responsibility, which is to remain on file at the Nebraska DMV for three (3) years from the date of eligibility for reinstatement – regardless of your state of residence. This is normally provided in the form of a SR-22 Certificate of Insurance - which must be submitted for e”
- 4
Pay the $125.00 reinstatement fee
The DMV requires a $125.00 reinstatement fee paid by cashier's check or money order payable to the Department of Motor Vehicles, or online, with identifying information included when paying by mail; personal or business checks or incorrect amounts are returned. The same $125.00 fee appears on the DMV's Administrative License Revocation (ALR) reinstatement list.
What the source says
“Pay a $125.00 reinstatement fee. Payment must be in the form of a cashier’s check or money order made payable to the Department of Motor Vehicles or be paid online.”
- 5
Test and apply for a new license
Under the DMV's 'Testing Requirements', drivers whose license or privileges were revoked must test and apply for a new license. The DMV's Ignition Interlock Permit page directs permit holders to check the Driver Privilege Services application several weeks before the permit's expiration date to determine the requirements for reinstatement of the revocation.
What the source says
“Testing Requirements Drivers who have had their operator’s license and/or privileges revoked, must test and apply for a new license.”
Official reinstatement page: Nebraska Department of Motor Vehicles
Conditions that travel with reinstatement
| Reinstatement fee | $125 |
|---|---|
| SR-22 / financial-responsibility filing | Yes · 3 years — details |
| Ignition interlock | Nebraska interlock rule |
| Required program | Alcohol assessment by a licensed alcohol and drug counselor (presentence evaluation, Neb. Rev. Stat. § 60-6,197.08) |
| Driving during the suspension | Ignition Interlock Permit (IIP) |
Required program: Alcohol assessment by a licensed alcohol and drug counselor (presentence evaluation, Neb. Rev. Stat. § 60-6,197.08)
Under Neb. Rev. Stat. § 60-6,197.08, any person convicted of driving while intoxicated must, during a presentence evaluation, submit to and participate in an alcohol assessment by a licensed alcohol and drug counselor, paid for by the convicted person; at sentencing the judge, having reviewed the results, may order the person to follow through on the assessment results at the person's expense. This is a court process; the DMV's reinstatement lists do not include an education course or assessment certificate.
“Any person who has been convicted of driving while intoxicated shall, during a presentence evaluation, submit to and participate in an alcohol assessment by a licensed alcohol and drug counselor. The alcohol assessment shall be paid for by the person convicted of driving while intoxicated.”
Driving during the suspension: Ignition Interlock Permit (IIP)
The DMV's Ignition Interlock Permit page states the applicant must be at least 18 and have been issued a license (Provisional Operator's Permit holders are not eligible), must meet all other applicable reinstatement requirements for any non-alcohol suspension or revocation on the record, and cannot have driving privileges removed in another state. Authorization requires the IIP application (or a certified court order referencing the interlock requirement), a certificate of installation from a valid Ignition Interlock Vendor for each vehicle to be operated (not a commercial motor vehicle), surrender of the Nebraska license, and meeting other reinstatement requirements; the DMV then sends an authorization letter and the permit is issued online or at a Driver License office ($45.00 + $5.00 security surcharge = $50.00 original permit; see the state record). For an ALR, the DMV states a driver may be eligible for an IIP when the 15-day temporary license expires, but not if a petition for an administrative hearing is filed (unless court-ordered). Under Neb. Rev. Stat. § 60-6,211.05(3), the permit may be issued only if the person is not subject to any other suspension, cancellation, required no-driving period or revocation.
“Certificate of installation showing an approved device has been installed for each vehicle you will be operating (device cannot be installed on a Commercial Motor Vehicle). This will be provided by a valid Ignition Interlock Vendor.”
When the interlock can be removed
Nebraska ties the interlock to the revocation period rather than to a compliance window. Under Neb. Rev. Stat. § 60-6,197.03(1) the first-offense revocation order requires an ignition interlock permit 'for the revocation period' (six months; 60 days with probation; one year at 0.15+), and under § 60-6,197.03(3) a second offender must have the device installed for at least one year and 'shall not be eligible for reinstatement of his or her operator's license until he or she has had the ignition interlock device installed for the period ordered by the court.' Under § 60-6,211.05(4)(b), a court interlock order remains in effect for the period determined by the court, not to exceed the maximum revocation the court could have imposed. The DMV's Ignition Interlock Permit page directs permit holders to check the Driver Privilege Services application several weeks before the permit's expiration to learn the reinstatement requirements; the DMV's court-ordered revocation and ALR pages then list the reinstatement steps. No statute or DMV page fetched states a violation-free compliance period, an early-removal provision, a removal authorization procedure, or a removal fee cap (§ 60-6,211.05(8) makes removal costs payable to the provider, or from the DMV Ignition Interlock Fund for indigent persons). Under § 60-6,211.05(9), tampering or circumvention reported by the service facility triggers a court hearing within 14 days at which the interlock order may be rescinded.
Compliance period: None stated; the interlock permit runs for the court-ordered revocation period (second offense: device installed for the period ordered, at least one year)
“If the person has an ignition interlock device installed as required under this subdivision, the person shall not be eligible for reinstatement of his or her operator's license until he or she has had the ignition interlock device installed for the period ordered by the court.”
Questions about reinstatement in Nebraska
- What does the Nebraska DMV require to reinstate a license after a court-ordered DUI revocation?
- The Nebraska DMV's Court Ordered Revocations page lists: surrender the Nebraska license or sign an affidavit of lost license; file proof of financial responsibility (normally an SR-22) to remain on file for three years from the date of eligibility for reinstatement; and pay a $125.00 reinstatement fee by cashier's check, money order or online. Its Testing Requirements state that drivers whose license was revoked must test and apply for a new license. The ALR page lists the surrender and $125.00 fee without an SR-22.
- Can a person drive during a Nebraska DUI revocation?
- Under Neb. Rev. Stat. § 60-6,197.03, the revocation order for a first or second DUI conviction requires the person to apply for an Ignition Interlock Permit and install an approved device on any vehicle operated during the revocation (a 45-day no-driving period applies to a second offense). The DMV's Ignition Interlock Permit page requires an IIP application or certified court order, a vendor certificate of installation for each vehicle, surrender of the license, and compliance with other reinstatement requirements before it issues the permit.
- When does the Nebraska ignition interlock requirement end?
- Under Neb. Rev. Stat. § 60-6,197.03, the interlock permit is required for the revocation period (six months for a first offense, 60 days with probation, one year at 0.15 or more), and a second offender is not eligible for reinstatement until the device has been installed for the period ordered by the court (at least one year). No violation-free window or early-removal provision appears in the statutes or DMV pages fetched; the DMV directs permit holders to check reinstatement requirements before the permit expires.
Sources
- Nebraska DMV - Court Ordered Revocations (explanation; reinstatement requirements; testing requirements)
- Nebraska DMV - Administrative License Revocation (ALR) (15-day temporary license; 180-day first-offense period; IIP eligibility; reinstatement requirements)
- Nebraska DMV - Ignition Interlock Permit (eligibility; authorization requirements; SR-22 note; reinstatement check before permit expiration)
- Nebraska Legislature - Neb. Rev. Stat. § 60-6,197.03 (DUI penalties; revocation periods; interlock permit requirements; reinstatement eligibility)
- Nebraska Legislature - Neb. Rev. Stat. § 60-6,211.05 (interlock order period; permit eligibility; costs; tampering hearing)
- Nebraska Legislature - Neb. Rev. Stat. § 60-6,197.08 (presentence alcohol assessment)