Nebraska Nebraska’s all -offender ignition interlock law has been in effect since January 1, 2009. From 2006 to 2020 in Nebraska, interlocks stopped 43,241 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 4,726 attempts to drive drunk in 2020.
Grade: F (49.5/100) Nebraska has not made an improvement to the ignition interlock law since 2011. As a result, loopholes exist which allow drunk drivers to fall through the cracks and avoid an ignition interlock.
Why does MADD call the law all-offender? Judges must order the use of interlocks for first-time offenders. Process to obtain an ignition interlock 1. Contact the DMV to verify eligibility for Nebraska’s Ignition Interlock Permit (IIP). 2. Schedule an appointment to have an interlock device installed. 3. Complete jail/suspension time, as well as attending and completing alcohol treatment, education and evaluation program. 4. Submit the IIP form and certificate of installation of an IID to the DMV. 5. Pay any applicable reinstatement fees. 6. Complete court regulations as well. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense Upon arrest At least 6 months Eliminate any waiting periods
At least 1 year
Second offense
45 days after revocation 90 days after revocation
for repeat/refusals before installation of an interlock
First refusal 1 year Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? No However, any person who tampers with or circumvents an interlock installed or who operates a motor vehicle not equipped with a interlock is in violation of the purposes for operation indicated on the interlock restricted license shall, in addition to any possible criminal charges, have his or her revocation period and interlock restricted license extended for six months beyond the end of the original revocation period. Legislative Recommendation Add a compliance-based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program). Day-for-Day credit for early installation? Yes Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes If the DMV has determined the person to be indigent and incapable of paying for the cost of installation, removal, or maintenance of the interlock, such costs shall be paid out of the DMV Ignition Interlock Fund if such funds are available. A person is determined indigent if: 1) meets 150 percent or less of the federal poverty guidelines. DMV may also consider income, expenses, and assets as reported on the application. Applicants shall provide documentation of current income with
a pay stub, most recent W2, most recent tax return, statement from employer with the application. Sources: §60-498.02, §60-6,197.01, §60-498.01(10) and (11), Nebraska DMV.
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