Criminal Defense and DUI Consultations

For more than 30 years, Kevin Knake has been practicing law throughout Nebraska, where experience and local knowledge of the courts and legal proceedings has proven priceless to his clients. I spent the first four years of my legal career as a deputy attorney in Platte County, prosecuting felonies and misdemeanors for the state of Nebraska, before moving on to defending the wrongfully accused citizens of Central Nebraska as a deputy public defender for 14 years. For the last 12 years, I have been a practicing criminal defense attorney and civil litigator throughout the state, defending thousands of cases in all stages of criminal prosecution.  

DUI defense attorney

Experienced Attorney

For more than 30 years, Kevin Knake has been practicing law throughout Nebraska, where experience and local knowledge of the courts and legal proceedings has proven priceless to his clients. I spent the first four years of my legal career as a deputy attorney in Platte County, prosecuting felonies and misdemeanors for the state of Nebraska, before moving on to defending the wrongfully accused citizens of Central Nebraska as a deputy public defender for 14 years. For the last 12 years, I have been a practicing criminal defense attorney and civil litigator throughout the state, defending thousands of cases in all stages of criminal prosecution.  

When you need an attorney who will work tirelessly to give you the legal outcome you desire, rely on the expertise and dedication of Knake Law. Call today to schedule a half hour appointment for your free consultation or to request immediate legal representation. Your case will be addressed quickly, going over the particulars in order to decipher the charges and work within the judicial system on your behalf. Don’t wait until it’s too late; get the experienced legal aid you need today!

Helping Make Sense of Nebraska DUI Law

police in front of a courthouse

Nebraska DUI laws are confusing. Even the terms are often confusing. “DUI” is the informal acronym for “Driving Under the Influence of Alcohol or Drugs,” often used by the courts. Some courts still refer to it informally as “DWI,” which is an older acronym meaning “Driving while Intoxicated.”

One of the many confusing things about the process is how a person loses their driving privileges due to a DUI arrest. Often the first questions someone asks their attorney after being arrested for DUI have to do with what will happen to their license: “What is the potential license revocation? Is it from the DMV or the court? What is the difference? Can I get the Interlock?”  These are all questions that arise immediately after receiving a citation or being arrested for driving under the influence.

One of the biggest reasons it is difficult to understand the license revocation process is because there are almost always two separate processes through which a driver loses their driving privileges when arrested for DUI in Nebraska. The first is through the Administrative License Revocation, or ALR, and is administered by the Nebraska Department of Motor Vehicles (DMV). The second is the court-ordered revocation imposed by the judge as part of your sentencing if you are found guilty of DUI as part of your criminal case.

The ALR process begins immediately following your citation or arrest. You should be given a fifteen-day temporary license, and you have ten days from being pulled over to challenge your license revocation with the DMV. The ALR revocation for a first offense DUI is six months. The ALR revocation process is considered to be an administrative proceeding and civil in nature, meaning the law considers your loss of driving privileges not to be a punishment for you but a “fix” or “remedy” for your presumed unsafe driving. Unlike in the criminal DUI charges against you, there are only two issues you can really challenge: (1) whether there is sufficient evidence that you were operating a car and (2) whether there is sufficient evidence that your blood alcohol level was above .08. Many of the other issues often raised in defense of a DUI, such as constitutional challenges to the stop of the vehicle by law enforcement, are irrelevant to the ALR proceeding.

If you are convicted, the court will order as part of your criminal sentence a revocation for a first offense DUI in Nebraska for sixty days to one year, depending on whether you receive probation and how high your blood alcohol level was at the time of arrest. The court-ordered revocation runs at the same time with the ALR; in other words, if you receive a six-month revocation from the DMV and a sixty-day revocation from the court, your total license revocation is six months, NOT six months plus sixty days.

Regarding Interlock, if you are facing a first offense DUI and have never been subject to an ALR revocation, you are immediately eligible for the Interlock after the expiration of your fifteen-day temporary license. If you are facing prosecution for a subsequent DUI offense, and/or you challenge your ALR revocation, you will have to wait forty-five days or until there is a court order before you will be allowed to drive with the Interlock.

Remember, this is an overview of the license revocations that may result from a DUI arrest in Nebraska, and there are other issues that can come into play depending on the specific facts of your case. Speak with your DUI attorney about the potential impact the charges you are facing may have on your license, as well as how you should handle your defense.