Mandatory ignition interlocks considered for DUI

Those convicted of driving under the influence of alcohol would be required to install ignition interlock devices under a bill heard by the Transportation and Telecommunications Committee Feb. 28.

Current law permits the impoundment or revocation of an offender’s license and an optional requirement to install an ignition interlock device.

LB625, introduced by Lincoln Sen. Tony Fulton, would institute mandatory driver’s license revocation for those convicted of driving under the influence of alcohol and require courts to order those convicted to apply for ignition interlock permits.

The bill would require the state Department of Motor Vehicles to certify before restoring unrestricted driving privileges that a driver has not in the past three months:

• attempted to start his or her vehicle with a blood-alcohol content level of 0.08 or higher;
• failed to take or pass any requested retest; or
• failed to appear at an ignition interlock device vendor for maintenance of the device.

The bill also would create a new penalty for persons driving under the influence of alcohol or drugs with a passenger 15 years old or younger. Violators would be guilty of a Class IV felony and would serve at least 120 days in jail.

Ignition interlocks are an effective tool in reducing repeat drunk driving offenses, Fulton said, citing a Centers for Disease Control and Prevention report suggesting that the devices reduce drunk driving recidivism by 67 percent. Ignition interlock devices allow those convicted of drunk driving to remain integrated in their lives, he said, whereas taking away licenses often leads to continued drunk driving.

“This allows us to both get tough on drunk driving and get smart on drunk driving,” Fulton said.

Fulton said the new penalty for driving with a child passenger is needed to protect children. A state Department of Highway Safety report found that more than 230 children were put in danger by drivers under the influence of alcohol from 2005 to 2009, he said.

Simera Reynolds, executive director of Mothers Against Drunk Driving Nebraska, spoke in support of LB625, saying drunk drivers in Nebraska kill one person every five days and one child every three months.

Reynolds said courts frequently give drunk driving offenders the option to have ignition interlock devices installed, rather than requiring them. Nebraska saw 13,000 arrests for driving under the influence in 2009 and a conviction rate of 86 percent, Reynolds said, but only 1,800 ignition interlock devices were used in that time.

“From county to county, we have inconsistent treatment of offenders,” she said. “Everybody should know what to expect when they get arrested for DUI.”

No one testified in opposition and the committee took no immediate action on the bill.