Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES REGARDING THE APPROVAL AND INSTALLATION OF IGNITION INTERLOCK DEVICES AND ADMINISTRATION OF THE IGNITION INTERLOCK PERMIT PROGRAM › Section 250-1-003 - DEFINITIONS

Current through June 17, 2024
003.01
Alcohol
Alcohol means ethanol or ethyl alcohol
	 (C2H5OH).
003.02
ALR
ALR means administrative license revocation pursuant to Neb.Rev.Stat.
	 §
										60-498.01
	 to
	 60-498.04.
003.03
BrAC
BrAC means the breath alcohol concentration in a given amount of
	 breath, expressed a weight by volume (w/v) based upon grams of alcohol per 210
	 liters of breath (2100: 1 ratio).
003.04
Board
Board means the Nebraska Board of Pardons.
003.05
Breath
  sample
Breath sample means a normal expired human breath primarily containing
	 alveolar or end-expiratory breath that is analyzed for alcohol concentration
	 (BrAC) .
003.06
Circumvention
Circumvention means an attempt to bypass the proper operation of an
	 ignition interlock device by the use of an altered breath sample, by starting
	 the motor vehicle without using the ignition switch, or by any other means
	 without first providing a valid breath sample.
003.07
Court
Court means the judge who sentences a driver convicted of operating or
	 being in the actual physical control of any motor vehicle while intoxicated or
	 driving under the influence, or who refuses a chemical test, and as a condition
	 of probation or sentence, imposes the use of an ignition interlock device. This
	 definition also means any district probation offices or court administrative
	 officers assigned to the case of a driver limited to operation of a motor
	 vehicle equipped with an ignition interlock device.
003.08
Department
Department means the Nebraska Department of Motor Vehicles.
003.09
Director
Director means the Director of the Nebraska Department of Motor
	 Vehicles or his or her designee.
003.10
Driver
Driver means a person who has been convicted under
Neb.
	 Rev. Stat.
§
										60-6,196
	 or
	 60-6,197
	 and has been ordered by the court or by the Board of Pardons that he or she not
	 operate a motor vehicle during the time period stated in the order unless his
	 or her motor vehicle is equipped with a functioning and approved ignition
	 interlock device and the person has obtained the required license or permit.
	 Driver also means any person who applies to the Department for issuance of an
	 Ignition Interlock Permit for use during a period of administrative license
	 revocation.
003.11
Eligible
Eligible means that an operator 's license is not subject to any other
	 suspension, cancellation, impoundment, no-driving period, or period of
	 revocation; and the person has successfully completed the ignition interlock
	 permit application process, served any applicable no-drive period; and:
003.11A Is subject to an administrative
  license revocation pursuant to
Neb. Rev. Stat.
§§
										60-498.01
  through
  60-498.04
  and has waived his or her right to an administrative license revocation
  hearing; or
003.11B Is subject to a
  court order for an Ignition Interlock Permit as part of a sentence pursuant to
Neb. Rev. Stat.
§§
										60-6,196,
  60-6,197.01,
  60-6,197.03,
  60-6,197.06,
  28-306(3)(b) or
  (c),
  28-394(3)(b)
  or (c); or
003.11C Has an order from the Board for an
  Ignition Interlock Permit.