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Ignition Interlock Statutes

28-1401. Special ignition interlock restricted driver licenses; application fee

A. A person whose class D or class G license has been suspended or revoked for a first offense of section 28-1321 or section 28-1383, subsection A, paragraph 3, may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions prescribed in section 28-1402 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person’s privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to either of the following:

1. Section 28-1321, if the person meets the criteria of section 28-1321, subsection P.

2. Section 28-1383, if the person meets the criteria of section 28-1383, subsection K and the person presents evidence that is satisfactory to the director that shows that the person has completed screening and treatment.

B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.

C. The department shall issue a special ignition interlock restricted driver license during the period of a court ordered restriction pursuant to sections 28-3320 and 28-3322 subject to the restrictions prescribed in section 28-1402 and the certified ignition interlock requirements prescribed in article 5 of this chapter.

D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.

E. The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28-3319.

28-1402. Issuance of special ignition interlock restricted driver license; restrictions

A. On application pursuant to section 28-1401, subsection A the department may, and pursuant to section 28-1401, subsection C the department shall, issue a special ignition interlock restricted driver license that only allows a person whose class D or class G license has been suspended or revoked for a first offense of section 28-1321 or section 28-1383, subsection A, paragraph 3 to operate a motor vehicle that is equipped with a functioning certified ignition interlock device and only as follows:

1. Between the person’s place of employment and residence during specified periods of time while at employment.

2. Between the person’s place of residence, the person’s place of employment and the person’s secondary or postsecondary school according to the person’s employment or educational schedule.

3. Between the person’s place of residence and a screening, education or treatment facility for scheduled appointments.

4. Between the person’s place of residence and the office of the person’s probation officer for scheduled appointments.

5. Between the person’s place of residence and the office of a physician or other health care professional.

6. Between the person’s place of residence and a certified ignition interlock device service facility.

B. The department may only issue a special ignition interlock restricted driver license to an applicant who is otherwise qualified by law.

C. Except as provided in section 28-1463, if the department suspends, revokes, cancels or otherwise rescinds a person’s special ignition interlock restricted license or privilege for any reason, the department shall not issue a new license or reinstate the special ignition interlock restricted driver license during the prescribed period of suspension or revocation or while the person is otherwise ineligible to receive a license.

28-1403. Extension of interlock restricted licenses; hearing; scope

A. A person whose driver license restriction is extended pursuant to section 28-1461 may submit to the department a written request for a hearing. The written request must be received by the department within fifteen days after the date of the order of extension of the restriction. On receipt of a request for a hearing, a hearing shall be held within thirty days.

B. Hearings requested pursuant to this section shall be conducted in the same manner and under the same conditions as provided in section 28-3306. For the purposes of this section, the scope of the hearing shall include only the following issues:

1. Whether the person was issued a special ignition interlock restricted driver license.

2. Whether the person tampered with the certified ignition interlock device.

3. Whether the person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28-1381, subsection G, paragraph 3, three or more times during the period of license restriction or limitation.

4. If the person is under twenty-one years of age, whether the person attempted to operate the vehicle with any spirituous liquor in the person’s body during the period of license restriction or limitation.

5. Whether the person submitted proof of compliance or inspection as prescribed in section 28-1461.

28-1462. Ignition interlock device certification; installer bonds

A. After consulting with the director of the department of public safety, the assistant director for the motor vehicle division of the department of transportation shall:

1. Certify ignition interlock devices.

2. Publish a list of certified ignition interlock devices that includes information about the manufacturers of the devices and where the devices may be ordered.

3. Make the list available to the courts and probation departments without charge.

B. The assistant director shall adopt rules prescribing the requirements for certification of an ignition interlock device. These rules shall include:

1. The procedure for certification of ignition interlock devices.

2. Provisions to ensure the reliability of the ignition interlock device over the range of motor vehicle environments.

3. Provisions to ensure that the ignition interlock device works accurately in an unsupervised environment.

C. The assistant director shall not certify an ignition interlock device unless all of the following are satisfied:

1. The device requires a deep-lung breath sample or another accurate measure of the concentration by weight of alcohol in the breath.

2. The device is made by a manufacturer that is covered by product liability insurance.

3. The manufacturer of the device indemnifies this state against any liability that may result from the use of the device.

D. The assistant director may adopt, in whole or in part, the guidelines, rules, regulations, studies or independent laboratory tests performed and relied on by other states or agencies or commissions of other states in the certification or approval of ignition interlock devices.

E. Each installer of a certified ignition interlock device shall submit to the department a bond in a form to be approved by the assistant director and in an amount of at least twenty-five thousand dollars. The bond inures to the benefit of any person who is ordered or required to equip a motor vehicle with an ignition interlock device pursuant to article 3 of this chapter or section 28-3319 and who suffers a loss because of either of the following:

1. Insolvency or discontinuance of business of the installer of the device.

2. Failure of the installer or agent of the installer to comply with any rule adopted pursuant to this section.

F. The assistant director shall adopt a warning label design to be affixed to each certified ignition interlock device on installation. The label shall contain a warning that a person tampering with, circumventing or otherwise misusing the ignition interlock device is guilty of a class 1 misdemeanor.

G. After consultation with the director of the department of public safety, the assistant director may include information the assistant director deems necessary in the notice prescribed in section 28-3318 regarding certified ignition interlock devices.

28-1463. Proof of compliance; suspension; hearings

A. If a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 does not submit proof of compliance to the department as prescribed in section 28-1461, the department shall suspend the person’s driving privilege until proof of compliance is submitted to the department. Unless a different time period is specified, the department shall require use of the certified ignition interlock device for one year from the date the person submits proof of compliance as prescribed in section 28-1461. If a person does not request a hearing pursuant to subsection B of this section, the department shall immediately suspend the person’s driver license.

B. A person whose driver license is suspended pursuant to this section may submit a written request for a hearing. The written request must be received by the department within fifteen days after the date of the order of suspension. On receipt of a request for a hearing, a hearing shall be held within thirty days.

C. A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered driver license or permit to the person but may issue temporary permits to drive that expire no later than when the department has made its final decision.

D. Hearings requested pursuant to this section shall be conducted in the same manner and under the same conditions as provided in section 28-3306. For the purposes of this section, the scope of the hearing shall include only the following issues:

1. Whether the person was ordered or required to equip a motor vehicle with an ignition interlock device pursuant to article 3 or 3.1 of this chapter or section 28-3319.

2. Whether the person submitted proof of compliance or inspection pursuant to section 28-1461.

28-1464. Ignition interlock devices; violations; classification; definition

A. A person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 and who is required to operate a motor vehicle owned by the person’s employer in the course and scope of the person’s employment may operate that motor vehicle without the installation of a certified ignition interlock device if the person notifies the person’s employer that the person, in conjunction with the person’s sentence or if the person has been issued a special ignition interlock restricted driver license pursuant to section 28-1402, has specific requirements in order to operate a motor vehicle and the nature of the requirements and the person has proof of the employer’s notification in the person’s possession while operating the employer’s motor vehicle for normal business. For the purposes of this subsection, a motor vehicle that is partly or entirely owned or controlled by the person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 is not a motor vehicle that is owned by an employer.

B. Except in cases of a substantial emergency, a person shall not knowingly rent, lease or lend a motor vehicle to a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 unless the motor vehicle is equipped with a functioning certified ignition interlock device.

C. A person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 and who rents, leases or borrows a motor vehicle from another person shall notify the person who rents, leases or lends the motor vehicle to the person that the person has specific requirements for the operation of the motor vehicle and the nature of the requirements.

D. During any period when a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 is required to operate only a motor vehicle that is equipped with a certified ignition interlock device, the person shall not request or permit any other person to breathe into the ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person with an operable motor vehicle.

E. A person shall not breathe into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402.

F. A person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 shall not tamper with or circumvent the operation of an ignition interlock device.

G. A person who is not a manufacturer’s authorized installer or an agent of a manufacturer’s authorized installer and who is not a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 shall not tamper with or circumvent the operation of an ignition interlock device.

H. Except as provided in subsection A of this section or in cases of substantial emergency, a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 shall not operate a motor vehicle without a functioning certified ignition interlock device during the applicable time period.

I. If the ignition interlock device is removed from a vehicle by an installer, the installer shall electronically notify the department in a form prescribed by the department that the ignition interlock device has been removed from the vehicle.

J. If the person does not provide evidence to the department within seventy-two hours that the person has installed a functioning certified ignition interlock device in each vehicle operated by the person and has provided proof of installation to the department, the department shall suspend the special ignition interlock restricted driver license or privilege as prescribed in section 28-1463.

K. A person who violates this section is guilty of a class 1 misdemeanor. Additionally, if a person is convicted of violating subsection A, C, D, F or H of this section, the department shall extend the duration of the certified ignition interlock device requirement for not more than one year.

L. For the purposes of this section, “substantial emergency” means that a person other than the person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 is not reasonably available to drive in response to an emergency.

28-1465. Rule making; manufacturers and installers

The director shall adopt rules pursuant to title 41, chapter 6 as the director deems necessary for the administration and enforcement of this article and certification and decertification of ignition interlock device manufacturers and installers.

28-1466. Display of certification; transfer prohibited

A certification issued pursuant to this article:

1. Shall be conspicuously displayed in the place of business for which it was obtained.

2. Is not transferable or subject to sale or reassignment.

28-1467. Installer and manufacturer certification; cancellation; notice

If the director cancels an installer’s or manufacturer’s certification pursuant to a rule adopted by the director, the director shall notify each person with an ignition interlock device from the installer that the person has thirty days to obtain another installer.


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