Nebraska ignition interlock device laws & requirements

• First Offense – You will serve a minimum of seven days in jail, your driver’s license will be revoked for one year and the court requires you to apply for an ignition interlock
• Second Offense – You will serve a minimum of 90 days in jail, your driver’s license will be revoked for one year and if granted probation, the court may order you to apply for an ignition interlock after 45 days
• Third & Subsequent Offense – You will serve a minimum of 180 days in jail, your driver’s license will be revoked for 15 years and if granted probation, the court may order you to apply for an ignition interlock after 45 days

The procedure for ALR:

• The police officer pulls over the suspected drunken driver. If the driver acts drunk or performs poorly on field sobriety tests, the officer arrests the motorist for driving while under the influence
• The driver is asked to take a breath, blood or urine test
• If the driver fails or refused the test, the officer immediately impounds the license and tells the driver that the license will be revoked in 15 days
• The officer provides the driver with a 15-day driving permit and information regarding administrative hearing and how to apply for an ignition interlock permit
• If the driver refused the test, the licensee is automatically revoked for one year
• If the driver fails the test, the license is revoked for 180 days for a first offense. Second offense is a one year revocation
• The driver may request a hearing and the DMV schedules one within 20 days of the receipt of the request
• At the hearing, the driver may only present evidence that he or she did not fail or refuse to take the test
  - If the Director of the DMV determines the driver has failed or refused to take the test, the license is revoked for 90 days or one year
  - If the Director of the DMV determines the driver has failed or refused to take the test, the revocation is dismissed and the license returned
• If the driver disputes the decision by the director of DMV, an appeal can be filed with the district court

The following must be completed in order to receive your IIP:

To be eligible for the permit, the driver must be a Nebraska resident, must be at least 18 years old and have been issued a license (Provisional Operator's Permit holders are not eligible for the Ignition Interlock Permit). To receive a letter authorizing the issuance of the appropriate driving document, the driver must submit the following to the Department of Motor Vehicles in Lincoln:

• Call the Department of Motor Vehicles at (402) 471-3985 to verify eligibility for the Ignition Interlock Permit (IIP)
• Ignition Interlock Permit Application 2012 for arrest dates on 01/01/2012 or after
• Current certificate of installation showing an approved ignition interlock device has been installed for each vehicle driver will be operating (device cannot be installed on a Commercial Motor Vehicle)
• Surrender current driver license
• Meet all other applicable reinstatement requirements for any other withdrawal actions on the driving record

Once the IIP has been authorized, you can go to any licensing station in Nebraska to get the IIP issued. Be prepared to furnish the examiner with proof of birth date and identity and two forms of proof of residence. Take the issuance certificate you get from the examiner to the County Treasurer, pay the $47.50 fee and have the permit issued.