28-1464. Ignition
interlock devices; violations; classification;
definition
A. A person whose driving privilege is limited
pursuant to section 28-1381, 28-1382, 28-1383
or 28-3319 and who is required to operate a
motor vehicle owned by the person's employer
in the course and scope of the person's employment
may operate that motor vehicle without the installation
of a certified ignition interlock device if
the person notifies the person's employer that
the person, in conjunction with the person's
sentence, has specific requirements in order
to operate a motor vehicle and the nature of
the requirements and the person has proof of
the employer's notification in the person's
possession while operating the employer's motor
vehicle for normal business. For the purposes
of this subsection, a motor vehicle that is
partly or entirely owned or controlled by the
person whose driving privilege is limited pursuant
to section 28-1381, 28-1382, 28-1383 or 28-3319
is not a motor vehicle that is owned by an employer.
B. Except in cases of a substantial emergency,
a person shall not knowingly rent, lease or
lend a motor vehicle to a person whose driving
privilege is limited pursuant to section 28-1381,
28-1382, 28-1383 or 28-3319 unless the motor
vehicle is equipped with a functioning certified
ignition interlock device.
C. A person whose driving privilege is limited
pursuant to section 28-1381, 28-1382, 28-1383
or 28-3319 and who rents, leases or borrows
a motor vehicle from another person shall notify
the person who rents, leases or lends the motor
vehicle to the person that the person has specific
requirements for the operation of the motor
vehicle and the nature of the requirements.
D. During any period when a person whose driving
privilege is limited pursuant to section 28-1381,
28-1382, 28-1383 or 28-3319 is required to operate
only a motor vehicle that is equipped with a
certified ignition interlock device, the person
shall not request or permit any other person
to breathe into the ignition interlock device
or start a motor vehicle equipped with an ignition
interlock device for the purpose of providing
the person with an operable motor vehicle.
E. A person shall not breathe into an ignition
interlock device or start a motor vehicle equipped
with an ignition interlock device for the purpose
of providing an operable motor vehicle to a
person whose driving privilege is limited pursuant
to section 28-1381, 28-1382, 28-1383 or 28-3319.
F. A person whose driving privilege is limited
pursuant to section 28-1381, 28-1382, 28-1383
or 28-3319 shall not tamper with or circumvent
the operation of an ignition interlock device.
G. A person who is not a manufacturer's authorized
installer or an agent of a manufacturer's authorized
installer and who is not a person whose driving
privilege is limited pursuant to section 28-1381,
28-1382, 28-1383 or 28-3319 shall not tamper
with or circumvent the operation of an ignition
interlock device.
H. Except as provided in subsection A of this
section or in cases of substantial emergency,
a person whose driving privilege is limited
pursuant to section 28-1381, 28-1382, 28-1383
or 28-3319 shall not operate a motor vehicle
without a functioning certified ignition interlock
device during the time period prescribed in
section 28-3319 or by a court pursuant to section
28-1381, 28-1382 or 28-1383.
I. A person who violates this section is guilty
of a class 1 misdemeanor. Additionally, if a
person is convicted of violating subsection
A, C, D, F or H of this section, the department
shall extend the duration of the certified ignition
interlock device requirement for not more than
one year.
J. For the purposes of this section, "substantial
emergency" means that a person other than
the person whose driving privilege is limited
pursuant to section 28-1381, 28-1382, 28-1383
or 28-3319 is not reasonably available to drive
in response to an emergency.
