28-3315

28-3315. Period of suspension, revocation or
disqualification; unlicensed drivers

A. The department shall not suspend, revoke or disqualify a driver license or
privilege to drive a motor vehicle on the public highways for more than one year from the
date of a conviction or judgment, if any, against a person for which this chapter makes
revocation, suspension or disqualification mandatory or from the date the notice is sent
pursuant to section 28-3318 if no conviction was involved, except as permitted under
subsection E of this section and sections 28-1383, 28-3312, 28-3319, 28-3320 and 28-3473.

B. A person whose license or privilege to drive a motor vehicle on the public
highways has been revoked may apply for a new license as provided by law after the cause
of the revocation is removed or after expiration of the revocation period prescribed by
law. After the department investigates an applicant's driving record in this state or
another state by examining department records or other sufficient evidence to determine
that all withdrawal actions are complete, that the applicant has not committed any
traffic violations within twelve months preceding application and that all other
statutory requirements are satisfied, the department may issue a new license.

C. The department shall not accept an application for reinstatement of a driver
license until after the twelve month period prescribed in subsection B of this section
has elapsed.

D. If the revocation is related to alcohol or other drugs, the person shall provide
the department with a current evaluation from a physician licensed pursuant to title 32,
chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a
substance abuse counselor as defined in section 28-3005 indicating that, in the opinion
of the physician, psychologist or counselor, the condition does not affect or impair the
person's ability to safely operate a motor vehicle. For the purposes of reinstating a
license or driving privilege pursuant to this article, the department may rely on the
opinion of a physician licensed pursuant to title 32, chapter 13, 17 or 29, a
psychologist licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor
as defined in section 28-3005.

E. Notwithstanding subsections A and B of this section:

1. A person whose license or privilege to drive is revoked pursuant to section
28-1383, subsection J or section 28-3304, subsection A, paragraph 1 or 12 is not entitled
to have the person's license or privilege renewed or restored for three years.

2. A person whose license or privilege to drive is revoked pursuant to section
13-1209 is not entitled to have the person's license or privilege renewed or restored for
the period of time ordered by the court.

3. A person whose license, permit or privilege to drive is revoked pursuant to
section 28-661, subsection E is not entitled to have the person's license, permit or
privilege renewed or restored for five years.

4. A person whose license, permit or privilege to drive is revoked pursuant to
section 28-661, subsection F is not entitled to have the person's license, permit or
privilege renewed or restored for three years.

F. Except as provided in section 28-3473, if an unlicensed driver commits an
offense for which a driver license could be suspended, revoked or disqualified, the
department shall not accept the unlicensed driver's application for a driver license for
a period equal to the period of time that applies to a driver with a license. If the
offense is one for which a driver license could be revoked, the department shall not
accept the unlicensed driver's application for a driver license unless it investigates
the character, habits and driving ability of the person and is satisfied that it is safe
to grant the privilege of driving a motor vehicle on the public highways.

G. The expiration of a person's license during the period of time it is under
suspension, revocation or disqualification does not invalidate or terminate the
suspension, revocation or disqualification.

H. A person whose license or privilege to drive a motor vehicle on the public
highways has been suspended pursuant to section 28-3306, subsection A, paragraph 5 or
section 28-3314 may apply for a new license as provided by law after the cause for
suspension is removed or after expiration of the suspension period prescribed by law if
both of the following conditions are met:

1. The department is satisfied, after reviewing the medical condition and driving
ability of the person, that it is safe to grant the person the privilege of driving a
motor vehicle on the public highways.

2. If the person has a medical condition related to alcohol or other drugs, the
person provides the department with a current evaluation form from a physician licensed
pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32,
chapter 19.1 or a substance abuse counselor as defined in section 28-3005 indicating
that, in the opinion of the physician, psychologist or counselor, the condition does not
affect or impair the person's ability to operate a motor vehicle in a safe manner.