Nebraska Ignition Interlock Laws

Nebraska is another in the long list of states that is dealing with the growing problem of drunken driving. In 2008, more than 12,000 people were arrested for driving while intoxicated on Nebraska highways. Nebraska law enforcement agencies and legislative bodies have made changes to the Nebraska legal statutes in an effort to curtail this dangerous trend.

By utilizing Ignition Interlock Devices as part of the punitive process following a DUI arrest, Nebraska law enforcement is able to curtail the growing problem of repeat DUI offenders. Statistics show that many drivers involved in fatal alcohol-impaired-driving crashes have been arrested previously for driving while intoxicated (DWI). In 2007, drivers with a blood alcohol concentration (BAC) of .08 grams per deciliter or higher in fatal crashes were eight times more likely to have a prior conviction for driving while impaired than were drivers with no alcohol (NHTSA, 2008a).

The use of Ignition Interlock Devices following Nebraska DUI offenses is much more common for repeat offenders. While it is at the judges discretion to utilize IIDs following a first offense, it is rare. Most always it is due to extenuating circumstances regarding the case, which might include an exceptionally high BAC (blood alcohol content) or the DUI case was the result of an alcohol related injury accident. Nebraska statutes state that:

“At the expiration of thirty days (sixty days if test refused) after an order of administrative license revocation for ninety days is entered, any person who submitted to a chemical test which disclosed the presence of a concentration of alcohol in violation of the statutory limit is eligible for an order to allow application for an ignition interlock permit to operate a motor vehicle equipped with an ignition interlock device upon presentation of sufficient evidence to the Department of Motor Vehicles that such a device is installed.”

Additionally, as an alternative to vehicle disablement, the court can opt for an ignition interlock device to be installed on each of the motor vehicles owned or operated by the convicted if he or she has already served one year of a license revocation. One year suspensions are typical for 2nd time DUI offenders.

3rd time Nebraska DUI offenders will have their Driver’s licenses suspended for at least 2 years and at the discretion of the courts can have them suspended for up to 15 years. The courts can also ask for vehicle immobilization for a period of 8 months. Once a driver becomes eligible for a probationary license, an Ignition Interlock Device may be one of the court mandated requirements to obtain that license.

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