60-498.02 Driving under influence of alcohol; revocation of operator's license; reinstatement; procedure; eligibility for employment driving permit and ignition interlock permit.
60-498.02. Driving underinfluence of alcohol; revocation of operator's license; reinstatement; procedure;eligibility for employment driving permit and ignition interlock permit.(1) At the expiration of thirty days after the date of arrest as describedin subsection (2) of section 60-6,197 or if after a hearing pursuant to section 60-498.01 the director finds that the operator's license should be revoked,the director shall (a) revoke the operator's license of a person arrestedfor refusal to submit to a chemical test of blood, breath, or urine as requiredby section 60-6,197 for a period of one year and (b) revoke the operator'slicense of a person who submits to a chemical test pursuant to such sectionwhich discloses the presence of a concentration of alcohol specified in section 60-6,196 for a period of ninety days unless the person's driving record abstractmaintained in the department's computerized records shows one or more prioradministrative license revocations on which final orders have been issuedduring the immediately preceding twelve-year period at the time the orderof revocation is issued, in which case the period of revocation shall be oneyear. Except as otherwise provided in section 60-6,211.05, a new operator'slicense shall not be issued to such person until the period of revocationhas elapsed. If the person subject to the revocation is a nonresident of thisstate, the director shall revoke only the nonresident's operating privilegeas defined in section 60-474 of such person and shall immediately forwardthe operator's license and a statement of the order of revocation to the person'sstate of residence.(2)(a) At the expiration of thirty days after an order of revocationis entered under subdivision (1)(b) of this section, any person whose operator'slicense has been administratively revoked for a period of ninety days forsubmitting to a chemical test pursuant to section 60-6,197 which disclosedthe presence of a concentration of alcohol in violation of section 60-6,196may make application to the director for issuance of an employment drivingpermit pursuant to section 60-4,130.(b) At the expiration of sixty days after an order of revocation isentered under subdivision (1)(a) of this section, any person whose operator'slicense has been administratively revoked for refusal to submit to a chemicaltest pursuant to section 60-6,197, may make application to the director forissuance of an employment driving permit pursuant to section 60-4,130 unlessthe person's driving record abstract maintained in the department's computerizedrecords shows one or more prior administrative license revocations on whichfinal orders have been issued during the immediately preceding twelve-yearperiod at the time the order of revocation is issued.(3)(a) At the expiration of thirty days after an order of administrativelicense revocation for ninety days is entered under subdivision (1)(b) ofthis section, any person who submitted to a chemical test pursuant to section 60-6,197 which disclosed the presence of a concentration of alcohol in violationof section 60-6,196 is eligible for an order to allow application for an ignitioninterlock permit to operate a motor vehicle equipped with an ignition interlockdevice pursuant to section 60-6,211.05 upon presentation of sufficient evidenceto the department that such a device is installed.(b) At the expiration of sixty days after an order of administrativelicense revocation for one year is entered under subdivision (1)(b) of thissection, any person who submitted to a chemical test pursuant to section 60-6,197which disclosed the presence of a concentration of alcohol in violation ofsection 60-6,196 is eligible for an order to allow application for an ignitioninterlock permit in order to operate a motor vehicle equipped with an ignitioninterlock device pursuant to section 60-6,211.05 upon presentation of sufficientevidence to the department that such a device is installed.(c) At the expiration of sixty days after an order of administrativelicense revocation is entered under subdivision (1)(a) of this section, anyperson who refused to submit to a chemical test pursuant to section 60-6,197is eligible for an order to allow application for an ignition interlock permitin order to operate a motor vehicle equipped with an ignition interlock devicepursuant to section 60-6,211.05 upon presentation of sufficient evidence tothe department that such a device is installed, unless the person's drivingrecord abstract maintained in the department's computerized records showsone or more prior administrative license revocations on which final ordershave been issued during the immediately preceding twelve-year period at thetime the order of revocation is issued.(d) A person operating a motor vehicle pursuant to this subsection shallonly operate the motor vehicle to and from his or her residence, his or herplace of employment, his or her school, an alcohol treatment program, or an ignition interlock service facility. Such permitshall indicate for which purposes the permit may be used. All permits issuedpursuant to this subsection shall indicate that the permit is not valid forthe operation of any commercial motor vehicle.(4) A person may have his or her eligibility for a license reinstatedupon payment of a reinstatement fee as required by section 60-694.01.(5)(a) A person whose operator's license is subject to revocation pursuantto subsection (3) of section 60-498.01 shall have all proceedings dismissedor his or her operator's license immediately reinstated without payment ofthe reinstatement fee upon receipt of suitable evidence by the director that:(i) Within the thirty-day period following the date of arrest, the prosecutingattorney responsible for the matter declined to file a complaint alleginga violation of section 60-6,196 and notified the director by first-class mailor facsimile transmission of such decision and the director received suchnotice within such period or the notice was postmarked within such period;or(ii) The defendant, after trial, was found not guilty of violating section 60-6,196 or such charge was dismissed on the merits by the court.(b) The director shall adopt and promulgate rules and regulations establishingstandards for the presentation of suitable evidence of compliance with subdivision(a) of this subsection.(c) If a charge is filed for a violation of section 60-6,196 pursuantto an arrest for which all proceedings were dismissed under this subsection,the prosecuting attorney shall notify the director by first-class mail orfacsimile transmission of the filing of such charge and the director may reinstatean administrative license revocation under this section as of the date thatthe director receives notification of the filing of the charge, except thata revocation shall not be reinstated if it was dismissed pursuant to section 60-498.01. SourceLaws 1972, LB 1095, § 6; C.S.Supp.,1972, § 39-727.17; Laws 1974, LB 679, § 3; Laws 1982, LB 568, § 7; Laws 1986, LB 153, § 8; Laws 1988, LB 377, § 3; Laws 1992, LB 291, § 11; R.S.Supp.,1992, § 39-669.16; Laws 1993, LB 370, § 301; Laws 1993, LB 491, § 1; Laws 1993, LB 564, § 12; Laws 1998, LB 309, § 16; Laws 2001, LB 38, § 52; R.S.Supp.,2002, § 60-6,206; Laws 2003, LB 209, § 5; Laws 2004, LB 208, § 6; Laws 2008, LB736, § 3; Laws 2009, LB497, § 2; Laws 2010, LB924, § 1.AnnotationsWhen the Department of Motor Vehicles provided the motorist a copy of his driver abstract before the revocation hearing and an opportunity to challenge the accuracy of his driver abstract at the revocation hearing, the requirements of due process were met. Stenger v. Department of Motor Vehicles, 274 Neb. 819, 743 N.W.2d 758 (2008).The administrative license revocation provisions pertaining to motorists who refuse to submit to chemical testing do not violate the due process or equal protection rights of those motorists by treating them differently than motorists who submit to, but fail, such testing. Betterman v. Department of Motor Vehicles, 273 Neb. 178, 728 N.W.2d 570 (2007).Administrative revocation of a driver's license under this section is a civil sanction and does not constitute punishment for purposes of double jeopardy. State v. Isham, 261 Neb. 690, 625 N.W.2d 511 (2001).Administrative license revocation statutes are reviewed using the rational relationship standard of review. The administrative license revocation statutes do not violate equal protection, nor do they constitute cruel and unusual punishment. Schindler v. Department of Motor Vehicles, 256 Neb. 782, 593 N.W.2d 295 (1999).The proscription that there can be no revocation of one's driver's license and operating privileges if the refusal to submit to a chemical test is reasonable under the circumstances contained in this section (formerly section 39-669.16 (Reissue 1988)), relates only to administrative license revocations by the Director of Motor Vehicles. In a criminal proceeding, however, the inquiry centers on the existence of reasonable grounds for the arresting officer to believe that an operator was driving while under the influence of alcohol. State v. Boyd, 242 Neb. 144, 493 N.W.2d 344 (1992).Pursuant to subsection (4) of this section, a Department of Motor Vehicles regulation cannot, as a prerequisite to dismissing an administrative license revocation proceeding, require a prosecuting attorney to provide one of four particular reasons for failing to file a criminal driving under the influence of alcohol charge, as such a requirement modifies, alters, and restricts the provisions of this section. Dozler v. Conrad, 3 Neb. App. 735, 532 N.W.2d 42 (1995).