Driving after a DUI in Nebraska: the Ignition Interlock Permit (IIP)

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

At arrest the officer serves the notice of revocation (Notice/Sworn Report/Temporary License form), takes the license and issues a temporary operator's license valid for fifteen days; the revocation is automatic fifteen days after arrest (§ 60-498.01(4)). A petition for an ALR hearing must be completed and delivered to the department or postmarked within ten days after the arrest (or, when a blood-test notice is mailed by the director, within ten days after the mailing date, returning the license with the petition), or the right to a hearing is foreclosed; the DMV's 'ALR - Petition for Hearing' form is mailed to the DMV Legal Division, P.O. Box 94599, Lincoln, NE 68509-4699 with a copy of the notice and all licenses. The DMV states the petition must be mailed within 10 days of the notice being served. Filing does not prevent the automatic revocation at 15 days (a continuance requested by

“A petition for an administrative license revocation hearing must be completed and delivered to the department or postmarked within ten days after the person's arrest or the person's right to an administrative license revocation hearing to contest the revocation will be foreclosed.”

Who can get it, and how soon

The DMV states DUI laws allow offenders to waive their right to an Administrative License Revocation (ALR) hearing and apply for an Ignition Interlock Permit instead, and that when the 15-day temporary license expires the driver may be eligible for an IIP. Eligibility as stated by the DMV: Nebraska resident, at least 18 and previously issued a license (Provisional Operator's Permit holders are not eligible), all reinstatement requirements met for any non-alcohol withdrawals, any required wait periods served, no driving privileges removed in another state. A driver who petitions for the ALR hearing is not eligible for an IIP unless ordered by the court at sentencing; the permit is not valid for a commercial motor vehicle. A first refusal is eligible only after 90 additional days of no driving (§ 60-498.01(8)(c)). Under § 60-498.01(11) a person under 18 is not eligible.

“When the temporary license expires, you may be eligible for an Ignition Interlock Permit (IIP).”

Test failure, no prior ALR in 15 years: the officer's temporary operator's license is valid for 15 days from arrest and § 60-498.01(8)(a)(i) makes the IIP 'immediately available fifteen days after the date of arrest' (or the date the notice was provided), so there is no no-driving gap once the application process is completed; the DMV's IIP application form states 'IIP available immediately' for a first test failure. Prior ALR within 15 years: available 15 days after arrest plus 45 additional days of no driving (§ 60-498.01(8)(b)(i)). Refusal: available 15 days after arrest plus 90 additional days of no driving (§ 60-498.01(8)(c)(i)); the DMV form states 'IIP available after 90 days no driving'. The DMV states the driver cannot legally drive until the permit has been issued. Revocation periods: 180 days first test failure, one year for a prior ALR within 15 years, one year for refusal (§

“The ignition interlock permit will be immediately available fifteen days after the date of arrest or the date notice of revocation was provided to the arrested person, as long as he or she is otherwise eligible for an ignition interlock permit”

Conditions attached to the privilege

As stated by the DMV: submit to the DMV Financial Responsibility Division (301 Centennial Mall South, P.O. Box 94877, Lincoln, NE 68509-4877, fax (402) 471-8288; not at a driver licensing office) either the Ignition Interlock Permit Application (online or the IIP form) or a certified court order referencing the interlock requirement; a certificate of installation from a valid Ignition Interlock Vendor for each vehicle to be operated (not a commercial motor vehicle); surrender of the Nebraska license/permit at the downtown Lincoln office or an affidavit of lost license; meeting all other reinstatement requirements on the record. The DMV then sends an IIP Authorization letter and the permit is issued online (temporary document at a county treasurer or wait for the mailed permit) or in person at a Driver License Examiner with citizenship and address documents. Fees: original permit $45.00 p

“Certificate of installation showing an approved device has been installed for each vehicle you will be operating (device cannot be installed on a Commercial Motor Vehicle). This will be provided by a valid Ignition Interlock Vendor.”

Where and when it allows driving

The permit holder may operate only a motor vehicle equipped with an ignition interlock device and may not operate a commercial motor vehicle; neither the statute nor the DMV pages state purpose, hour or geographic limits, although § 60-498.01(10) refers to 'the purposes for operation indicated on the ignition interlock permit' and penalizes tampering, driving a non-equipped vehicle or violating those purposes with a six-month extension.

“shall only operate a motor vehicle equipped with an ignition interlock device. All permits issued pursuant to such sections shall indicate that the permit is not valid for the operation of any commercial motor vehicle.”

How it is issued

The licensing agency issues the Ignition Interlock Permit (IIP).

Official page: dmv.nebraska.gov

The statute: Neb. Rev. Stat. § 60-498.01

“If a person files a completed application for an ignition interlock permit, the person waives his or her right to contest the revocation of his or her operator's license.”