60-6,211.05 Ignition interlock device; continuous alcohol monitoring device and abstention from alcohol use; orders authorized; prohibited acts; violation; penalty; costs; tampering with device; heari - Nebraska Statutes

60-6,211.05. Ignitioninterlock device; continuous alcohol monitoring device and abstention fromalcohol use; orders authorized; prohibited acts; violation; penalty; costs;tampering with device; hearing.(1)(a) If an order is granted undersection 60-6,196 or 60-6,197, as such sections existed prior to July 16, 2004,or section 60-6,196 or 60-6,197 and sections 60-6,197.02 and 60-6,197.03,as such sections existed on or after July 16, 2004, the court may order thatthe defendant install an ignition interlock device of a type approved by theDirector of Motor Vehicles on each motor vehicle operated by the defendantduring the period of probation. Upon sufficient evidence of installation,the defendant may apply to the director for an ignition interlock permit pursuantto section 60-4,118.06. The device shall, without tampering or the interventionof another person, prevent the defendant from operating the motor vehiclewhen the defendant has an alcohol concentration greater than three-hundredthsof one gram or more by weight of alcohol per one hundred milliliters of hisor her blood or three-hundredths of one gram or more by weight of alcoholper two hundred ten liters of his or her breath.(b) If the court orders an ignition interlock permit and installationof an ignition interlock device as part of the judgment of conviction pursuantto section 60-6,197.03, the device shall be of a type approvedby the director and shall be installed on each motor vehicle operated by thedefendant. The device shall, without tampering or the intervention of anotherperson, prevent the defendant from operating the motor vehicle when the defendanthas an alcohol concentration greater than three-hundredths of one gram ormore by weight of alcohol per one hundred milliliters of his or her bloodor three-hundredths of one gram or more by weight of alcohol per two hundredten liters of his or her breath.(2) If the court orders installation of an ignition interlock deviceand issuance of an ignition interlock permit pursuant to subsection (1) ofthis section, the court may also order the use of a continuous alcohol monitoringdevice and abstention from alcohol use at all times. The device shall, withouttampering or the intervention of another person, test and record the alcoholconsumption level of the defendant on a periodic basis and transmit such informationto probation authorities.(3) Any order issued by the court pursuant to this section shall nottake effect until the defendant is eligible to operate a motor vehicle pursuantto subsection (3) of section 60-498.02.(4)(a) If the court orders an ignition interlock device or the Boardof Pardons orders an ignition interlock device under section 83-1,127.02,the court or the Board of Pardons shall order the defendant to apply for anignition interlock permit as provided in section 60-4,118.06 which indicatesthat the defendant is only allowed to operate a motor vehicle equipped withan ignition interlock device.(b) Such court order shall remain in effect for a period of time asdetermined by the court not to exceed the maximum term of revocation whichthe court could have imposed according to the nature of the violation andshall allow operation of an ignition-interlock-equipped motor vehicle onlyto and from the defendant's residence, the defendant's place of employment,the defendant's school, an alcohol treatment program, oran ignition interlock service facility.(c) Such Board of Pardons order shall remain in effect for a periodof time not to exceed any period of revocation the applicant is subject toat the time the application for a reprieve is made.(5) A person who tampers with or circumvents an ignition interlock deviceinstalled under a court order while the order is in effect, who operates amotor vehicle which is not equipped with an ignition interlock device in violationof a court order made pursuant to this section, or who otherwise operatesa motor vehicle equipped with an ignition interlock device in violation ofthe requirements of the court order under which the device was installed shallbe guilty of a Class II misdemeanor.(6) Any person restricted to operating a motor vehicle equipped withan ignition interlock device, pursuant to a Board of Pardons order, who operatesupon the highways of this state a motor vehicle without such device or ifthe device has been disabled, bypassed, or altered in any way, shall be punishedas provided in subsection (3) of section 83-1,127.02.(7) If a person ordered to use a continuous alcohol monitoring deviceand abstain from alcohol use pursuant to a court order as provided in subsection(2) of this section violates the provisions of such court order by removing,tampering with, or otherwise bypassing the continuous alcohol monitoring deviceor by consuming alcohol while required to use such device, he or she shallhave his or her ignition interlock permit revoked and be unable to apply forreinstatement for the duration of the revocation period imposed by the court.(8) The director shall adopt and promulgate rules and regulations regardingthe approval of ignition interlock devices, the means of installing ignitioninterlock devices, and the means of administering the ignition interlock permitprogram.(9) The costs incurred in order to comply with the ignition interlockrequirements of this section shall be paid by the person complying with anorder for an ignition interlock permit and installation of an ignition interlockdevice unless the court or the Board of Pardons has determined the personto be incapable of paying for the cost of installation, removal, or maintenanceof the ignition interlock device in accordance with this subsection.(10)(a) An ignition interlock service facility shall notify the appropriatedistrict probation office, if the order is made pursuant to subdivision (1)(a)of this section, or notify the appropriate court if the order is made pursuantto subdivision (1)(b) of this section, of any evidence of tampering with orcircumvention of an ignition interlock device, or any attempts to do so, whenthe facility becomes aware of such evidence.(b) If a district probation office receives evidence of tampering withor circumvention of an ignition interlock device, or any attempts to do so,from an ignition interlock service facility, the district probation officeshall notify the appropriate court of such violation. The court shall immediatelyschedule an evidentiary hearing to be held within fourteen days after receivingsuch evidence, either from the district probation office or an ignition interlockservice facility, and the court shall cause notice of the hearing to be givento the person operating a motor vehicle pursuant to an order under subsection(1) of this section. If the person who is the subject of such evidence doesnot appear at the hearing and show cause why the order made pursuant to subsection(1) of this section should remain in effect, the court shall rescind the originalorder. Nothing in this subsection shall apply to an order made by the Boardof Pardons pursuant to section 83-1,127.02.(11) Notwithstanding any other provision of law, the costs associatedwith the installation, maintenance, and removal of a court-ordered ignitioninterlock device by the Office of Probation Administration shall not be construedso as to create an order of probation when an order for the installation ofan ignition interlock device and ignition interlock permit was made pursuantto subdivision (1)(b) of this section as part of a conviction. SourceLaws 1993, LB 564, § 6; Laws 1998, LB 309, § 24; Laws 2001, LB 38, § 55; Laws 2003, LB 209, § 15; Laws 2004, LB 208, § 22; Laws 2006, LB 925, § 16; Laws 2008, LB736, § 10; Laws 2009, LB497, § 10; Laws 2010, LB924, § 5.