If you have recently been arrested for driving under the influence, or DUI, or have been convicted of DUI in the State of Nebraska there is a good chance you are under a court order and/or administrative order to have an ignition interlock device (IID) installed on your vehicle. If so, driving without an ignition interlock device after being ordered to have one installed could result in serious additional judicial penalties.
An IID could be ordered to be installed on your vehicle by a criminal court or could be ordered by the Nebraska Department of Motor Vehicles, or DMV, as part of an Ignition Interlock Restricted License/Permit (IIP).
When a motorist is arrested and charged with DUI in Nebraska the suspect’s driving privileges are automatically revoked for a breath test failure. If your license has been revoked by the DMV pursuant to the Administrative License Revocation (ALR) law you may have the option to waive your right to an ALR hearing and instead apply directly for an IIP. If your IIP application is granted, you will be required to install an IID on your vehicle for the term of your IIP.
If you are ultimately convicted of DUI in Nebraska a court may also order you to install an IID on your vehicle as part of your sentence. In this case, the length of time you are required to drive with the IID is determined by the sentencing judge.
Whether by administrative order or court order, an order to drive with an IID is an order that comes with consequences if violated. In fact, violating either a DMV or court order relating to an IID is a criminal offense in Nebraska. It is a class I misdemeanor to tamper with, circumvent, or drive without an IID if under an order to have one on your vehicle. The offense is elevated to a class IV felony if, in addition to tampering, circumventing, or driving without one, you are also caught with a breath alcohol concentration (BAC) of 0.02 percent or greater. Any other type of violation of the IID order may be charged as a class III misdemeanor. Moreover, if the IID was ordered as a term of your probation and you violate the order it will likely result in a violation of your probation. That, in turn, could lead to a return to jail or prison to fulfill the suspended portion of your sentence.
Whether you were ordered by the DMV or a court to install an IID you must take the order seriously. Failing to do so could result in additional criminal charges being filed against you and/or a return to jail. If you have specific questions about your IID order, contact the Omaha, Nebraska law office of Petersen Law Office 24 hours a day at 402-513-2180.