Legislation signed into law last year went into effect January 1st, 2012. LB 667 changed the laws for drunk driving in Nebraska.
One of the new provisions is an increased time where previous offenses will be considered for subsequent prosecutions. The old law had a “look back” of 12 years. The new version increases this to 15. Essentially, that means a conviction will stick around for 15 years before it no longer counts toward multiple offenses.
Also added was language addressing children. First, someone caught drunk with a child in the vehicle will face additional penalties. Second, if an accident results in the death of an unborn child, and the accident is alcohol related, the state can prosecute the death as a homicide in a separate action from the DUI.
Changed by the new legislation was the ability to now automatically issue a 15 day temporary drivers permit. This would apply to anyone accused of a DUI, even if they refused to take a breath test. Drivers may also avoid an administrative hearing on drivers license revocation and instead, get an approved ignition interlock device installed on their car. This option would allow those accused of a DUI (or refusal to test) to continue to drive to work, school or to meet other obligations.
In some ways, these changes are cosmetic, but in at least one way, they serve to clarify and remedy what had been a problem in our system. Those that didn’t want to contest the charge against them still had to go to an administrative hearing, even after pleading guilty, to get limited driving privileges. Now, they can bypass the hearing altogether and have an ignition interlock installed.
The text of the bill can be found here.
