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Ignition Interlock Device in Nebraska

If convicted for DUI in Nebraska, a defendant may be required to install an ignition interlock device on any cars the defendant owns or uses. An ignition interlock device is a breath testing device that is attached to the ignition system of a car. Once installed, a car will not be able to start unless the defendant blows a clean breath sample into the device. The device stores all samples so that they are recorded for the proper authorities. The device will prevent a car from starting if the breath sample given is higher than a certain level.

In Nebraska, the installation of an ignition interlock device is required for any DUI conviction, even a first time offense. Those without prior records may drive their vehicle only to work, school, a substance abuse treatment center, a parole meeting, to a healthcare facility, or to community service. Those with a record can only drive to school, work, or a treatment facility. Typically, an ignition interlock device is installed at the expense of the defendant. An exception to this would be the case of an indigent defendant, as Nebraska’s Legislative Bill 736 that was signed in 2008 created an Ignition Interlock Device Fund to be used for the costs of installing and maintaining such devices for an indigent defendant. The Nebraska DMV will only issue an ignition interlock permit so that an offender may drive if the defendant has offered sufficient proof that they have installed an ignition interlock device on any motor vehicle that they will operate during their release. According to Nebraska Revised Statute 60-6, 211.05, a person “shall be eligible to be issued an ignition interlock permit allowing operation of a motor vehicle equipped with an ignition interlock device if he or she is not subject to any other suspension, cancellation, required no-driving period, or period of revocation and has successfully the ignition interlock permit application process.”

A person may not tamper with or otherwise try to evade the ignition interlock device. An ignition interlock service facility must notify the DMV and the appropriate district probation office or court of any evidence of tampering with or circumvention of an ignition interlock device. Failure to provide such notification is a Class V misdemeanor in Nebraska. Upon receiving such notification, a defendant will be required to attend an evidentiary hearing and show cause why they should still be permitted to drive with the ignition interlock device. If the defendant is unsuccessful, the court will rescind the order that granted the ignition interlock permit.

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