For the average person, the sight of lights flashing in the rearview mirror while driving is not a welcome sight. It can be downright terrifying if you see those lights and you realize you might be over the legal limit. The consequences of an arrest and possibly a conviction for driving under the influence (DUI) in the State of Nebraska are often serious. For many people, however, it is not the threat of a jail sentence for a first-time DUI that is worrisome. Instead, it is the knowledge that there will be implications for the driver’s driving privileges that causes concern. For example, if arrested and/or convicted of DUI in Nebraska, there is a good chance you will be ordered to install and use an ignition interlock device if you want to be allowed to continue to drive legally. For anyone charged with DUI in Nebraska, an Omaha DUI lawyer explains how an ignition interlock works and when you might be required to install one.
What Is an Ignition Interlock Device?
An ignition interlock device, or IID, is a device that is installed in a vehicle with the goal of preventing the vehicle’s owner from being able to drink and drive. An IID does this by acting in much the same way as a breath test machine. Once an IID is installed, the vehicle will not start until the driver has blown into the device. The device then tests the driver’s breath for the presence of alcohol. If the test is positive for the presence of alcohol in the driver’s breath, the vehicle will not start. To prevent a driver from simply using someone else’s breath to get the vehicle started, the driver is also required to provide random tests after the vehicle is started. The IID also generates a report that is sent to the court or probation department, allowing the proper authorities to address any violations.
When Might I Be Required to Install and Use One in Nebraska?
You might be required to install and IID as a term of your sentencing after a conviction for DUI or you might qualify for an IID permit if your license has been revoked as a result of an arrest for DUI. The Nebraska Department of Motor Vehicles has the authority to administratively revoke your license after an arrest for DUI, before you are even convicted. If you qualify, however, you may be able to continue driving on an Ignition Interlock Restricted Permit. You can find out online if you are eligible for the permit on the Nebraska DMV website. You could also be ordered to install an IID as part of your sentence after a conviction for DUI. In that case, it is the court that orders the installation of the IID. Typically, the IID requirement is a term of your probation, meaning that a violation of the IID rules could result in a violation of probation.
How Can an Omaha DUI Lawyer Help?
If you were recently arrested for DUI in the State of Nebraska, it is important to consult with an experienced Nebraska DUI attorney as soon as possible, especially if your driving privileges have been revoked and you need to drive. Your Omaha DUI lawyer can help you through the Ignition Interlock Restricted Permit process to ensure that your application is approved and that you understand the IID rules. In addition, an Omaha DUI lawyer can review the facts and circumstances of your arrest to determine if you have a viable defense that could result in avoiding a conviction for DUI. If a conviction appears inevitable, your DUI attorney can negotiate the best possible plea agreement for you. Finally, if you have violated the rules and conditions of an IID, an Omaha DUI lawyer can represent you at the violation hearing.
If you have been charged with, or convicted of, driving under the influence (DUI) in the State of Nebraska, and you need to install an ignition interlock device in your vehicle, contact an Omaha DUI lawyer at Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced Omaha DUI defense lawyer.