For many motorists, one of the most troublesome aspects of being arrested for driving under the influence (DUI) is the fact that in Nebraska your driving privileges are automatically revoked pursuant to the state’s Administrative License Revocation (ALR) law. If you find yourself in this position, you are probably worried about getting or work or school or even how you will do your weekly grocery shopping without the ability to legally operate a vehicle. The good news is that you may be eligible for an Ignition Interlock Permit (IIP) that would allow you to drive under certain conditions. An Omaha DUI attorney answers some of the most frequently asked questions about the Nebraska Ignition Interlock Permit.
- What is the ALR law? Your operator’s license and/or operating privileges can be revoked under the Administrative License Revocation (ALR) law. This law authorizes law enforcement to immediately confiscate a driver’s license as a result of a Driving Under the Influence (DUI) arrest or a refusal to submit to a chemical test. If you are eligible, you will receive a 15 day temporary license that allows you to drive for that period of time before the license revocation goes into effect. The revocation periods are as follows:
- 180 days – for first offense (for failure of test)
- One (1) year – for subsequent offense within a 15 year time period (for failure of test)
- One (1) year – for refusal to take the test
- What are the basic eligibility requirements for an IIP?
- You must be a Nebraska resident.
- You must be at least 18 years old and have been issued a license. Provisional Operator’s Permit holders are not eligible for the IIP.
- The alcohol violation must have occurred in Nebraska.
- Meet all other applicable reinstatement requirements for any non-alcohol suspension or revocation actions on your Nebraska driving record.
- Must serve any required wait periods.
- Cannot have driving privileges removed in any other state/jurisdiction.
- Can I check if I am eligible? You can check to see if you meet the basic requirements by navigating to the “Driver Privilege Services” page of the Nebrasla.gov website. Once there, you will enter your identifying information and you have the ability to check your driver license status, reinstatement requirements, and/or your eligibility for an IIP.
- If I contest the revocation can I still get an IIP permit? If your license has been revoked pursuant to the Nebraska ALR law you have a right to contest the revocation; however, you must request a hearing within ten days and doing so automatically disqualifies you for the IIP.
- What is an Ignition Interlock Device (IID)? An ignition interlock is a device that measures the alcohol in your breath and allows you to start your vehicle if it is below the set point. The device also requires periodic retests while the vehicle is running. The interlock records a number of items including test results, engine starts and vehicle run times. Any violations, for example failed tests or missed retests, are recorded by the device.
- Is it safe to drive with an IID installed in my vehicle? One of the many myths and misconceptions about an IID is that the vehicle will suddenly shut off if alcohol is detected during a periodic breath test. This would make operating the vehicle extremely unsafe indeed. Consequently, that does not happen and operating a vehicle with an IID installed is just as safe as driving any other vehicle.
- What does happen if the unit detects alcohol? If you are attempting to start the vehicle, it will not start if alcohol is detected and a record of the failed test will be recorded. If the vehicle is already running and alcohol is detected during a required periodic test, the horn will honk or another indicator will be noted and the unit will record the failed test. Some newer units are also able to notify local law enforcement of a failed test while the vehicle is in operation.
- Is there a fee for installation of the IID? You must pay to have the IID installed and for the monthly monitoring of the device for as long as you have it.
Contact an Omaha DUI Attorney at Petersen Law Office
If you find yourself charged with driving under the influence (DUI) in Nebraska, contact a DUI lawyer at Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense lawyer.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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