Relaxed penalties for interlock violations advanced

Some penalties for violating ignition interlock device restrictions would be relaxed under a bill advanced from general file March 20.

Introduced by Wilber Sen. Russ Karpisek, LB998 would downgrade the penalty for using a vehicle not equipped with an ignition interlock device for those restricted to driving only vehicles with the device. Ignition interlock devices prevent a vehicle from starting if the driver has a blood-alcohol level of .03 or higher.

The penalty would be reduced from a Class IV felony—punishable by up to five years imprisonment, a $10,000 fine or both—to a Class I misdemeanor which is punishable by up to one year imprisonment, a $1,000 fine or both. The felony penalty still would apply if the driver has a blood-alcohol level of .02 or more and would include revocation of the offender’s driver’s license for 15 years.

A Judiciary Committee amendment, adopted 25-0, extended the penalty reduction to the offense of tampering with or bypassing an interlock device and added an emergency clause.

Karpisek said drivers with these restrictions sometimes must drive vehicles without those devices due to mechanical breakdowns or emergency situations. In cases when the drivers are sober, the current law is too severe, he said.

“People do need to be responsible and pay their dues, but to make felons out of people who are driving without the ignition interlock, who haven’t been drinking, is just too harsh,” Karpisek said.

Senators advanced the bill to select file on a 25-0 vote.