60-6,197.01 Driving while license has been revoked; driving under influence of alcoholic liquor or drug; second and subsequent violations; restrictions on motor vehicles; additional restrictions autho - Nebraska Statutes

60-6,197.01. Driving whilelicense has been revoked; driving under influence of alcoholic liquor or drug;second and subsequent violations; restrictions on motor vehicles; additionalrestrictions authorized.(1) Upon conviction for a violationdescribed in section 60-6,197.06 or a second or subsequent violation of section 60-6,196 or 60-6,197, the court shall impose either of the following restrictions:(a)(i) The court shall order all motor vehicles owned by the personso convicted immobilized at the owner's expense for a period of time not lessthan five days and not more than eight months and shall notify the Departmentof Motor Vehicles of the period of immobilization. Any immobilized motor vehicleshall be released to the holder of a bona fide lien on the motor vehicle executedprior to such immobilization when possession of the motor vehicle is requestedas provided by law by such lienholder for purposes of foreclosing and satisfyingsuch lien. If a person tows and stores a motor vehicle pursuant to this subdivisionat the direction of a peace officer or the court and has a lien upon suchmotor vehicle while it is in his or her possession for reasonable towing andstorage charges, the person towing the vehicle has the right to retain suchmotor vehicle until such lien is paid. For purposes of this subdivision, immobilizedor immobilization means revocation or suspension, at the discretion of thecourt, of the registration of such motor vehicle or motor vehicles, includingthe license plates; and(ii)(A) Any immobilized motor vehicle shall be released by the courtwithout any legal or physical restraints to any registered owner who is notthe registered owner convicted of a second or subsequent violation of section 60-6,196 or 60-6,197 if an affidavit is submitted to the court by such registeredowner stating that the affiant is employed, that the motor vehicle subjectto immobilization is necessary to continue that employment, that such employmentis necessary for the well-being of the affiant's dependent children or parents,that the affiant will not authorize the use of the motor vehicle by any personknown by the affiant to have been convicted of a second or subsequent violationof section 60-6,196 or 60-6,197, that affiant will immediately report to alocal law enforcement agency any unauthorized use of the motor vehicle byany person known by the affiant to have been convicted of a second or subsequentconviction of section 60-6,196 or 60-6,197, and that failure to release themotor vehicle would cause undue hardship to the affiant.(B) A registered owner who executes an affidavit pursuant to subdivision(1)(a)(ii)(A) of this section which is acted upon by the court and who failsto immediately report an unauthorized use of the motor vehicle which is thesubject of the affidavit is guilty of a Class IV misdemeanor and may not fileany additional affidavits pursuant to subdivision (1)(a)(ii)(A) of this section.(C) The department shall adopt and promulgate rules and regulationsto implement the provisions of subdivision (1)(a) of this section; or(b) As an alternative to subdivision (1)(a) of this section, the courtshall order the convicted person, in order to operate a motor vehicle, toobtain an ignition interlock permit and install an ignition interlock deviceon each motor vehicle owned or operated by the convicted person if he or shewas sentenced to an operator's license revocation of at least one year. If the person's operator's license hasbeen revoked for at least a one-year period, after a minimum of a forty-five-dayno driving period, the person may operate a motor vehicle with an ignitioninterlock permit and an ignition interlock device pursuant to this subdivisionand shall retain the ignition interlock permit and ignition interlock devicefor not less than the remainder of a one-year period or period of revocationordered by the court, whichever is longer. No ignition interlockpermit may be issued until sufficient evidence is presented to the departmentthat an ignition interlock device is installed on each vehicle and that theapplicant is eligible for use of an ignition interlock device.(2) In addition to the restrictions required by subdivision (1)(b) ofthis section, the court may require a person convicted of a second or subsequentviolation of section 60-6,196 or 60-6,197 to use a continuous alcohol monitoringdevice and abstain from alcohol use for a period of time not to exceed themaximum term of license revocation ordered by the court. A continuous alcoholmonitoring device shall not be ordered for a person convicted of a secondor subsequent violation unless the installation of an ignition interlock deviceis also required. SourceLaws 1999, LB 585, § 7; Laws 2001, LB 38, § 49; Laws 2006, LB 925, § 10; Laws 2008, LB736, § 7; Laws 2009, LB497, § 5; Laws 2010, LB924, § 3.