Interlock Facts

LINCOLN - First- and second-offense drunk drivers would be required to drive cars equipped with ignition interlock devices under a measure given 43-0 final approval Tuesday by the Legislature.

The devices prevent motorists from starting their cars if they have alcohol on their breath.

Legislative Bill 736, introduced by State Sen. Tony Fulton of Lincoln, now goes to Gov. Dave Heineman. His office said Heineman hadn't yet decided whether to sign it into law.

However, in an unusual move, the Governor's Office sent the bill back to lawmakers late Tuesday after noticing a language error. The mistake pertained to the indigents' fund for those who cannot afford the interlock devices.

As a result, lawmakers will have a do-over today, considering an amendment and again casting a final vote on the bill. Fulton described the maneuver as a necessary technical change that does not jeopardize the measure.

The bill would allow first- and second-offense drunk drivers to return to the road sooner - although for limited purposes - than is permitted under current law.

Mothers Against Drunk Driving supported the change, saying a similar measure in New Mexico reduced drunk driving-related fatalities there by 25 percent.

"MADD made a decision: Do we want to be harder on criminals or do we want to stop drunk driving?" said Simera Reynolds, the group's state director. "This is going to give some offenders a tool they didn't have. It will provide a better life for them and a better life for the rest of us."

The American Beverage Institute, a national trade association for restaurants, said it would ask the governor to veto the measure. Sarah Longwell, the group's managing director, said the bill would tie judges' hands by forcing them to impose ignition interlocks on all first offenders.

But MADD's Reynolds and Omaha City Prosecutor Marty Conboy said the bill would allow first-time offenders to drive sooner than they would under existing law.

Currently, typical first-time offenders lose their driving privileges for six months after being convicted.

The ignition interlock law would reduce the no-driving period to one month. Offenders then would be required to use the ignition interlock device for the remaining five months. They could drive only to work, school, treatment and the ignition interlock installation center.

First-time offenders convicted with a blood alcohol level of more than 0.15 percent would face a two-month period of no driving, followed by 10 months with the interlock device. That compares with the current requirement for a one-year license suspension.

Repeat offenders, who currently lose their licenses for one year under Nebraska's administrative license revocation law, would lose driving privileges for two months, followed by 10 months with the interlock device.

In most cases, the cost of the device, which averages about $2.25 per day plus installation charges, would be paid by the drunk driver. The Department of Motor Vehicles has approved five vendors located across the state who could install and maintain the devices.

Drivers also would be charged $45 for a special, clearly marked, interlock-ignition driver's permit to replace their driver's license. The fee includes $40 to be used to create an indigents' fund to cover costs for those who couldn't otherwise afford the device.

Published Tuesday  |  April 8, 2008
Nebraska Legislature approves ignition locks for drunken drivers
BY LESLIE REED
WORLD-HERALD BUREAU