250 Neb. Admin. Code, ch. 1, § 008

Current through September 17, 2024
Section 250-1-008 - ISSUANCE OF THE IGNITION INTERLOCK PERMIT (IIP)

Any driver subject to an order of administrative license revocation from the Department or who has an order for an IIP and ignition interlock device from a court or the Board may apply for an IIP.

008.01Eligibility.

The Applicant will verify eligibility for an ignition interlock device through Click DMV, Driver License Services, Check Ignition Interlock Eligibility or by calling the Financial Responsibility Division at 402-471-3985.

008.02Application.

The Department will provide an online application for issuance on the Department webpage at www.dmv.ne.gov. A paper application form will also available upon request. The application shall contain a statement from the applicant for an IIP that he or she acknowledges that he or she understands that he or she will have his or her license administratively revoked pursuant to Neb. Rev. Stat. §§ 60-498.01 and 60-493.02, that he or she waives his or her right to a hearing to contest the revocation, and that he or she understands that he or she is required to have an ignition interlock permit to legally operate a motor vehicle for the period of the revocation and may be subject to no-driving periods as specified in statute before the IIP may be issued.

008.03Authorization for IIP.

The Department of Motor Vehicles will authorize issuance of an IIP to a driver who, after he or she has submitted an order for an IIP from a court or the Board of Pardons or submitted an application for an IIP while subject to an administrative license revocation, has met all requirements, and is not ineligible for an IIP for any reason. After authorization, as set forth below, the IIP applicant shall apply for the IIP.

008.03AIIP Order from Court or Board of Pardons. The Department must receive 1) sufficient evidence of installation of the ignition interlock device, 2) a certified abstract of a court order for an IIP or an order from the Board allowing the driver to operate a motor vehicle with an ignition interlock device, before authorizing the issuance of the IIP. The driver must serve any required no-drive period and be determined to be eligible prior to authorization for an IIP. The driver must surrender his or her driver license to the Department. Drivers shall be subject to the law in place on the date of arrest.
008.03BAdministrative License Revocation. To obtain an IIP for use during a period of administrative license revocation, an arrested driver shall complete the IIP application, install an ignition interlock device, and surrender his operator's license. T he Department shall allow the driver to be issued an IIP for use during a period of administrative license revocation if the driver is determined to be eligible and the driver has served any required no-drive period. Drivers are subject to the law in place on the date of arrest.
008.04Determination of IIP Eligibility.

Prior to issuance of an IIP, the Department shall review its records of any driver who applies for an IIP allowing operation of a motor vehicle equipped with an ignition interlock device to determine (a) the applicant's eligibility for an IIP; (b) the applicant's previous convictions under Neb. Rev. Stat. § 60-6,196, 60-6,197, or 60-6,197.06 or any previous administrative license revocation within any preceding 15 years, if any; (c) if the applicant is subject to any required no-drive periods before the IIP may be issued; and (d) the permitted driving uses to be allowed to that driver on his or her IIP. The Department will determine the eligibility of the driver, and apply any credit the driver may have for revocation dates served or no-driving days served before issuing the IIP to the driver. A driver shall contact the Department to determine their eligibility for an ignition interlock device prior to having a device installed.

008.05Obtaining an IIP.

After authorization, an IIP may be obtained at a Department licensing station in Nebraska or through an online issuance process.

008.06Applicable No-Driving Periods.
008.06ANo Priors. Any driver who is subject to an administrative license revocation and who has no such prior revocations within the preceding 15-year period who has not petitioned for an administrative hearing may immediately apply for an IIP to use for operation of a motor vehicle during the 180-day period of revocation so long as he or she is otherwise eligible for such permit.
008.06BPrior Revocations. Any driver who is subject to an administrative license revocation and has one or more prior such revocations within the preceding 15 years, who submitted to a chemical test pursuant to Neb. Rev. Stat. § 60-6,197, and who has not petitioned for an administrative hearing may apply for an IIP to use during the one-year period of revocation after serving a 45-day period with no driving so long as he or she is otherwise eligible for such permit.
008.06CRefusal. Any driver subject to an administrative license revocation for refusal of a chemical test, and who has not petitioned for an administrative hearing may apply for an IIP to use during the one year after serving a 90-day period with no driving so long as he or she is otherwise eligible.
008.06DReprieve from Board of Pardons. Any driver subject to an order from the Board requiring use of an ignition interlock device for operation of a motor vehicle must use the device and comply with the requirement of the IIP for the time period designated by the Board in its order, subject to any conditions which may be ordered by the Board as soon as the driver completes the application process.
008.06EAlcohol-Related Offenses. A court may only issue an order for an IIP to a driver subject to a driver license revocation and sentenced pursuant to Neb. Rev. Stat. § 28-306(3)(b) or (c), 28-394(3)(b) or (c), 60-6,196, 60-6,197, 60-6,197.06, or 28-1254. The Department will determine the eligibility of the driver, and apply any credit the driver may have for revocation days served or no-driving days served pursuant to Neb. Rev. Stat. §§ 60-498.01 through 60-498.02 before issuing the IIP to the driver. If the driver does not have sufficient credit, he or she will have to serve any remaining no-driving days and period of revocation as may be required by the court and applicable statutes.
008.07Limitations on Driving Privileges.

Ignition interlock driving privileges with an IIP for new or repeat offenders shall be subject to driving restrictions as required by Nebraska statute at the time the permit was issued. Any applicable driving restrictions will be printed on the reverse of the IIP.

008.08Legal Operation of a Motor Vehicle Equipped with an Ignition Interlock Device.

A person who is subject to a revocation of his or her driver license may not legally operate a motor vehicle equipped with an ignition interlock device until he or she has been issued an IIP. The IIP may be renewed if the permit expires prior to the end of any revocation period the driver has been ordered to serve. The fees for such license or permit shall be as provided in Neb. Rev. Stat. § 60-4,115 and shall be paid at the time the IIP is issued.

008.09Extension of Requirement for IIP.

Whenever it comes to the attention of the Director that a person has tampered with or circumvented an ignition interlock device installed pursuant to Neb. Rev. Stat. §§ 60-498.01 through 60-498.04 or operated a motor vehicle not equipped with a functioning ignition interlock device required pursuant to such sections or otherwise violated allowed purposes for operation indicated on the IIP under such sections shall, in addition to any possible criminal charges, have his or her revocation period and IIP extended for six months beyond the end of the original revocation period.

008.10Commercial Motor Vehicles.

An IIP shall not be issued for the operation of a commercial motor vehicle.

008.11Applicability of Law.

IIPs shall be available to drivers according to Nebraska statutes in place on the date of the driver's arrest.

008.12Reinstatement or Renewal Requirement.

A driver who has completed his or her period of revocation cannot drive legally until he or she completes the reinstatement process with the Department and has been issued a new driver license. A driver subject to a period of revocation may need to renew the IIP if his or her period of driver license revocation exceeds five years.

008.13Lockouts and Driver's Responsibilities.

A driver required to have an IIP and ignition interlock device must contact the device's provider to have the interlock data logger downloaded within five days of an occurrence listed below. Failure of the driver to arrange and complete such download or service within five days shall cause the motor vehicle to permanently lockout.

008.13A A test fail after three invalid samples in 15 minutes;
008.13B A failure to take a retest after an initial invalid sample;
008.13C A running retest failure after three invalid samples in 10 minutes;
008.13D A failure to complete a running retest after an invalid sample.
008.13E After a circumvention attempt or tampering attempt.

250 Neb. Admin. Code, ch. 1, § 008

Amended effective 11/23/2016.