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Driving and not drinking

On Behalf of | Mar 16, 2020 | Dui |

The law smiles on those who drive safely along the roads of Nebraska. It looks approvingly on people who drink responsively. But it frowns on anyone who drives while drinking or using a controlled substance. Depending on the circumstances, the law can impose severe penalties. 

In Nebraska, the Administrative License Revocation law allows law enforcement to revoke a person’s driving privileges and license in certain situations. Following an arrest for driving under the influence, the authorities can immediately confiscate the person’s license. Drivers can choose to contest the revocation at a hearing, or they can apply for an ignition interlock permit. 

Ignition interlock device 

After an authorized installer equips the car’s dashboard with an ignition interlock device, this mechanism will monitor the driver’s breath alcohol concentration. The driver needs to blow into the device, and it must register a reading under 0.03 for the car to start. The IID then requires random readings while the car is in motion. 

Permit eligibility 

To be eligible for an ignition interlock permit, drivers must meet certain requirements. Offenders must possess a license and not a provisional operator’s permit. They need to be at least 18 years old and reside in Nebraska. Offenders must have committed the alcohol violation in Nebraska and must have full driving privileges in all other states and jurisdictions. These drivers also have to comply with any required waiting periods. Finally, they need to meet all other reinstatement requirements. 

Alcohol assessment and evaluation 

Acquiring a DUI conviction also means that the person must undergo a mandatory alcohol assessment. Depending on the outcome of the evaluation, the court may order him or her to enroll in an alcohol treatment program. Both the level and length of the program can vary. 

Treatment program eligibility 

When evaluating a person’s eligibility, the judge may take into account any previous participation in a similar type of treatment program. The court may also consider the person’s blood alcohol content at the time of the arrest as well as any prior DUI charges. In addition, the decision may factor in whether serious injuries or death occurred due to the accident.