Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES › Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS › Section 247-12-006 - MINIMUM REQUIREMENTS FOR FAVORABLE RECOMMENDATION

Current through June 17, 2024
006.01
Minimum
  Requirements.
The Department
may
recommend
  a reprieve if the applicant shows the following:
006.01A
Completion of
  State-certified Substance Abuse Program.
The applicant must
  demonstrate that he or she has completed a state-certified substance abuse
  program. The program must have been completed since the date of the
  arrest.
006.01B
Documentation of Involvement in an Established Self-help
  Program.
Documentation of involvement in an established
  self-help program, (Alcoholics Anonymous, Narcotics Anonymous, etc.), to
  support abstinence must be in the form of at least three affidavits from fellow
  program members or from a sponsor. The affidavits must be on forms approved by
  the Department and may be obtained from the Department as part of the approved
  application form.
006.01B1
Confidentiality.
The application is a
  public record. If anonymity is important to the affiant's own recovery, for
  example, if the affiant is a member of Alcoholics Anonymous, the affiant may
  indicate on the affidavit that he or she wants the affidavit to be
  confidential. If the affiant so requests, the affidavit shall be kept separate
  from the application and kept confidential. The affidavits so designated shall
  be used only by the Department and the Board in its consideration of whether to
  restore the applicant's privilege to drive.
006.01C
Documentation of
  Involvement in a Support Program Other than an Established Self-help
  Program.
If the applicant has an informal support program
  rather than an established support group, he or she must provide independent
  written documentation of the nature of that program and how it helps to support
  continued abstinence. This documentation must be in the form of at least three
  affidavits. The affidavits must be on forms approved by the Department and may
  be obtained from the Department as part of the approved application
  form.
006.01D
Other Relevant Information Permitted.
Any
  pertinent information, in addition to the minimum requirements listed above,
  for either support program involvement or abstinence, may be included within
  the affidavits. Of particular interest, for example, would be the writer's
  observations concerning any changes in the applicant's lifestyle and general
  attitude that may reflect the overall stability of his or her continued
  recovery and/or abstinence.
006.01E
Current Evaluation by a State-certified Substance Abuse
  Counselor.
The applicant must demonstrate through a current
  evaluation completed by a state-certified substance abuse counselor that he or
  she continues in recovery. It is the responsibility of the applicant to locate
  such service provider and pay all costs of such treatment.
006.01E1
Additional
  Evaluations.
The Department can require an additional
  evaluation if the Department determines the evaluation submitted by the
  evaluator of the applicant's choice is insufficient.
006.01F
Abstinence.
The Director will recommend
  denial if there is any indication that the applicant continues to consume
  alcohol or drugs, except drugs taken as directed by a licensed physician. The
  applicant must have abstained from alcohol and drug consumption for a period
  sufficient to establish continuing recovery.
006.01G
Subsequent Alcohol
  or Drug Related Driving Convictions.
The Director will
  recommend denial if the applicant has, since the date of the revocation order,
  been convicted of any drunk driving offense or for refusing a chemical test in
  this or any other state.
006.01H
Subsequent Driving under Suspension
  Convictions.
The Director will recommend denial if the
  applicant has, since the date of the revocation order, been convicted of
  driving while under suspension, revocation, or impoundment in this or any other
  state.
006.01I
License Otherwise Subject to Revocation.
The Director will recommend denial if the applicant's license is revoked or
  suspended for any other reason in this or any other state.
006.01I1
Chance to Cure:
  Driving Related Revocations Predating Revocation Order.
A
  revocation or suspension for some other reason may be cured if the reason for
  the revocation or suspension predated the date of the revocation order and the
  applicant is otherwise eligible for reinstatement, except for the fifteen-year
  revocation.
006.01I2
Chance to Cure: Non-Driving Related License
  Revocations.
A revocation or suspension for some other
  reason that is not related to driving may be cured by demonstrating that the
  applicant is otherwise eligible for reinstatement.
006.01I3
Chance to Cure:
  Board of Pardons Rules.
The Department may also consider
  the Board's rules for approval of reprieves when making a
  recommendation.