Drunken driving provisions could be revised

Senators advanced a bill May 10 that would revise provisions related to driving under the influence (DUI).

Norfolk Sen. Mike Flood introduced LB667, a bill containing new DUI provisions. A Judiciary Committee amendment replaced the bill and, among other changes, would:
• create a new offense of motor vehicle homicide of an unborn child;
• make motor vehicle homicide and DUI-serious bodily injury separate crimes from DUI;
• increase the 12-year look-back limitation to 15 years in the DUI enhancement statutes;
• create penalties regarding boating while under the influence;
• create the enhanced punishment of a Class III-A felony and a minimum of 30 days imprisonment for procuring when it proximately causes serious bodily injury or death;
• revise the administrative license revocation (ALR) process and make ignition interlock devices a condition of bond;
• make ignition interlock devices mandatory for first and second DUI offenses; and
• create penalties for tampering with an ignition interlock device if it is required under ALR.

Under the amendment, a person who is driving under an ignition interlock permit and has no prior DUI convictions could operate a vehicle only for purposes of employment, education, substance abuse treatment, parole or probation supervision, health care for themselves or their dependents, court-ordered community service obligations and ignition interlock servicing.

Flood said requiring interlock devices for DUI offenders could make the roadways safer. A significant number of DUI offenders who have had their driver’s license suspended will still continue to drive under suspension, he said.

“Let’s use the technology available so offenders are not drinking while operating a motor vehicle in this state,” he said.

Fullerton Sen. Annette Dubas spoke in support of the amendment and said requiring interlock devices for DUI offenders provided a degree of accountability.

“Punishing [offenders] by removing their driving privileges is not effective,” she said. “These devices provide an ability for them to get to where they need to be in a safe manner.”

Omaha Sen. Burke Harr also supported the amendment, saying it takes a practical approach to deal with penalties for DUI offenders.

“Most [DUI] bills are written for the worst case scenario and this bill addresses situations that happen every day,” he said. “This is well thought out and a step forward from where we were before.”

The amendment was adopted 40-0 and the bill advanced from general file on a 41-0 vote.