Waiving your rights: Keeping your driving privileges

If you receive a DUI and may have your license revoked, you have a right to challenge that decision by attending a hearing. Remember that if you lose the hearing, you won't be able to get an ignition interlock permit (IIP) and could have your right to the IIP delayed by up to six months until your case is heard in court.

For that reason, it might be in your best interests to waive your right to dispute the administrative license revocation, even if you disagree with it. If you waive your right, you can apply for an ignition interlock device instead, which will provide you with the ability to continue driving. If you need to attend school, go to work or participate in other activities, then the IIP may be more important to you than defending yourself at the initial hearing.

Waiving your right to the hearing doesn't necessarily mean you won't go to court in the future, but it does mean you get to keep your keys and continue to drive. If you are guilty of a DUI, this could be a good way to keep yourself behind the wheel.

If you weren't driving under the influence and have a strong case, it could be worth going to the hearing to defend your stance. If this is your first offense, there is no wait period before you can get the IIP. On the other hand, if this is your first offense because you wouldn't take a chemical test, the delay is 90 days. It may be worth waiting for your day in court if that's the case. During any no-drive period, you'll be unable to drive even if you have IIP eligibility.

Source: DMV Nebraska, "No Interlock. No Keys. It’s that simple.," accessed Jan. 04, 2018

No Comments

Leave a comment
Comment Information

Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

McHenry Haszard Law
1220 Lincoln Mall
Suite 250
Lincoln, NE 68508

Toll Free: 800-231-3624
Fax: 402-476-2301
Map & Directions

Phone: 402-858-4263