Ignition interlock device
Ignition interlock device, as Nebraska, Idaho and Arkansas statutes use it: Nebraska's statute provides that a person operating under an ignition interlock permit shall only operate a vehicle equipped with an ignition interlock device. Idaho's suspension hearing after an evidentiary test may be held only on the suspension, not on the requirement to install an ignition interlock system. Arkansas allows an ignition interlock restricted license to issue immediately, but only under conditions its statute states.
Nebraska, Idaho and Arkansas statutes each refer to an ignition interlock in connection with a driver's license suspension or revocation. This page describes the statutes of the named states.
How does Nebraska's statute refer to an ignition interlock?
In Nebraska, Neb. Rev. Stat. § 60-498.01 provides that an arresting peace officer who serves a notice of revocation on behalf of the director shall also provide information, prepared and approved by the director, describing how to request an administrative license revocation hearing or apply for an ignition interlock permit or another permit the statute names. Where the statute instead has the director serve the notice by mail, the director also provides that hearing information and an application for an ignition interlock permit.
In Nebraska, Neb. Rev. Stat. § 60-498.02 provides that a person operating a motor vehicle under an ignition interlock permit issued under the Nebraska sections it lists shall only operate a motor vehicle equipped with an ignition interlock device. The same statute provides that all such permits shall indicate that the permit is not valid for the operation of any commercial motor vehicle.
What does Idaho's hearing provision say about an ignition interlock?
In Idaho, Idaho Code § 18-8002A provides that a person who has been served with a notice of suspension and notice of the requirement to install the ignition interlock system after submitting to an evidentiary test may request an administrative hearing on the suspension before a hearing officer designated by the department. The statute provides that the hearing may be held only on the suspension and not on the requirement to install an ignition interlock system.
In Idaho, Idaho Code § 18-8002A requires the hearing request to be in writing, to be received by the department within a period the statute measures from service of both notices, and to include the issue or issues to be raised.
How does Arkansas's statute refer to an ignition interlock restricted license?
In Arkansas, A.C.A. § 5-65-205 directs the Office of Driver Services to suspend or revoke the driving privilege of an arrested person who refuses to submit to a chemical test under the subchapter. Within its provision on refusing a chemical test of breath, saliva or urine, the statute provides that the office may issue an ignition interlock restricted license under a separate section of Arkansas law immediately, but only to a person who is arrested for a first offense under this statute and only when the person is arrested for operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of alcohol.
The figures for your state
Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.
Common questions
Can Idaho's administrative suspension hearing address the interlock requirement?
In Idaho, Idaho Code § 18-8002A provides that the hearing available to a person served with a notice of suspension and notice of the requirement to install the ignition interlock system after submitting to an evidentiary test may be held only on the suspension and not on the requirement to install an ignition interlock system.
What does Nebraska's statute say about commercial vehicles and interlock permits?
In Nebraska, Neb. Rev. Stat. § 60-498.02 provides that all permits issued under the Nebraska sections it lists shall indicate that the permit is not valid for the operation of any commercial motor vehicle.
What does Arkansas's statute say about a restricted driving permit?
In Arkansas, A.C.A. § 5-65-205 provides that the restricted driving permit provision of a separate section of Arkansas law does not apply to a suspension for a first offense under this statute. The ignition interlock restricted license it refers to is issued under a different separate section, subject to the conditions the statute states.
Sources
- Neb. Rev. Stat. § 60-498.01 (official source, opens in a new tab)Driving under influence of alcohol; operator's license; confiscation and revocation; application for ignition interlock permit or 24/7 sobriety program permit; procedures; appeal; restrictions relating to ignition interlock permit or 24/7 sobriety program permit; prohibited acts relating to ignition interlock devices or 24/7 sobriety program permits; additional revocation period.
- Neb. Rev. Stat. § 60-498.02 (official source, opens in a new tab)Driving under influence of alcohol; revocation of operator's license; reinstatement; procedure; ignition interlock permit; restriction on operation of motor vehicle.
- Idaho Code § 18-8002A (official source, opens in a new tab)Idaho Code § 18-8002A - Tests of driver for alcohol concentration, presence of drugs or other intoxicating substances — Suspension upon failure of tests.
- A.C.A. § 5-65-205 (official source, opens in a new tab)A.C.A. § 5-65-205 — Refusal to submit to a chemical test.
These sources are cited for the jurisdiction and scope identified on this page. They do not establish the law of another state.
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