83-1,127.02. Board of Pardons; ignition interlock permit; ignition interlock device restriction; violation; penalty.

(1) The Board of Pardons may, in its sole discretion, when granting a reprieve to any person who has made application pursuant to section 60-6,209, order such person to obtain an ignition interlock permit and to operate only motor vehicles equipped with an ignition interlock device approved by the Director of Motor Vehicles. The Board of Pardons may order the person to hold the ignition interlock permit and use an ignition interlock device for a period of time not to exceed any period of revocation the applicant is subject to at the time the application for a license reinstatement is made.

(2) Any person ordered by the Board of Pardons to operate only motor vehicles equipped with such an ignition interlock device shall make application to the director for the issuance of an ignition interlock permit pursuant to section 60-4,118.06.

(3)(a) Except as provided in subdivision (3)(b) of this subsection, any such person restricted to operating a motor vehicle equipped with such an ignition interlock device is guilty of a Class I misdemeanor if he or she (i) operates upon the highways of this state a motor vehicle without such an ignition interlock device, (ii) operates a motor vehicle equipped with such an ignition interlock device which has been disabled, bypassed, or altered in any way, or (iii) operates a motor vehicle equipped with such an ignition interlock device without obtaining an ignition interlock permit.

(b) Any such person restricted to operating a motor vehicle equipped with such an ignition interlock device is guilty of a Class IV felony if he or she (i)(A) operates upon the highways of this state a motor vehicle without such an ignition interlock device, (B) operates a motor vehicle equipped with such an ignition interlock device which has been disabled, bypassed, or altered in any way, or (C) operates a motor vehicle equipped with such an ignition interlock device without obtaining an ignition interlock permit and (ii) operates the motor vehicle as described in subdivision (i)(A), (B), or (C) of this subdivision 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.

(4) The court shall, as a part of the judgment of conviction for a violation of subdivision (3)(b) of this section, order such person not to drive any motor vehicle for any purpose for a period of fifteen years from the date ordered by the court. The court shall also order that the operator's license of such person be revoked for a like period. The revocation shall be administered upon sentencing, upon the final judgment of any appeal or review, or upon the date that any probation is revoked.

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Annotations

This section mandates that a sentencing court must impose a 15-year operator's license revocation whenever a person restricted to operating a motor vehicle equipped with an ignition interlock device is found to have operated a vehicle without such an ignition interlock device. Such a revocation is in addition to, rather than as part of, any term of probation imposed by the sentencing court. State v. Donner, 13 Neb. App. 85, 690 N.W.2d 181 (2004).