60-6,211.11. Ignition interlock device; 24/7 sobriety program permit; prohibited acts; violations; penalties.

(1) Except as provided in subsection (2) of this section, any person ordered by a court or the Department of Motor Vehicles to operate only motor vehicles equipped with an ignition interlock device is guilty of a Class I misdemeanor if he or she (a) tampers with or circumvents and then operates a motor vehicle equipped with an ignition interlock device installed under the court order or Department of Motor Vehicles order while the order is in effect or (b) operates a motor vehicle which is not equipped with an ignition interlock device in violation of the court order or Department of Motor Vehicles order.

(2) Any person ordered by a court or the Department of Motor Vehicles to operate only motor vehicles equipped with an ignition interlock device is guilty of a Class IV felony if he or she (a)(i) tampers with or circumvents and then operates a motor vehicle equipped with an ignition interlock device installed under the court order or Department of Motor Vehicles order while the order is in effect or (ii) operates a motor vehicle which is not equipped with an ignition interlock device in violation of the court order or Department of Motor Vehicles order and (b) operates the motor vehicle as described in subdivision (a)(i) or (ii) of this subsection when he or she has a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood or a concentration of two-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.

(3) Any person who otherwise operates a motor vehicle equipped with an ignition interlock device in violation of the requirements of the court order or Department of Motor Vehicles order under which the device was installed shall be guilty of a Class III misdemeanor.

(4) Any person who has applied for and received a 24/7 sobriety program permit and operates a motor vehicle when the person has a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's blood or a concentration of two-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath, or who refuses a chemical test, shall be guilty of a Class III misdemeanor.

Source:Laws 2011, LB667, § 41; Laws 2014, LB998, § 13; Laws 2021, LB271, § 13.
Operative Date: July 1, 2022