Title 28, Transportation

In this chapter, unless the context otherwise requires: 1. "Certified ignition interlock device" means an ignition interlock device that is certified pursuant to article 5 of this chapter. 2. "Circumvent" or "circumvention" means an attempted or successful bypass of the proper fu…

This chapter applies on highways and elsewhere in this state.

A. The oversight council on driving or operating under the influence abatement is established consisting of the following ten members: 1. The director of the department of public safety or the director's designee. 2. The assistant director for the motor vehicle division of the de…

A. The driving under the influence abatement fund is established consisting of monies deposited pursuant to section 4-213, subsection J, section 5-396, subsection I, paragraph 2, section 5-397, subsection D, paragraph 3 and subsection F, paragraph 3, section 28-1382, subsection D…

A. A person who operates a motor vehicle in this state gives consent, subject to section 4-244, paragraph 34 or section 28-1381, 28-1382 or 28-1383, to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentrat…

A. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section 28-1381 or 28-1382 may request that the person submit to a preliminary breath test or tests before an arrest. B. In addition to a breath test or tests, the offi…

A. The results of a breath test administered for the purpose of determining a person's alcohol concentration are admissible as evidence in any trial, action or proceeding on establishing the following foundational requirements: 1. The test was performed using a quantitative breat…

The director of the department of public safety shall adopt rules prescribing methods and procedures for the administration of breath tests to determine alcohol concentration. The rules shall include: 1. The approval of quantitative breath testing devices. 2. Procedures for ensur…

A. The director of the department of public safety shall issue permits to operators who have received approved instruction and who have demonstrated their ability to accurately operate an approved breath testing device. B. The director of the department of public safety may revok…

A. The director of the department of public safety shall adopt rules prescribing the approval of methods for the analysis of blood or other bodily substances to determine blood alcohol concentration. B. The director of the department of public safety shall issue a permit to an an…

A. The head of a law enforcement agency or the director of the department of health services may place on computer storage any records concerning a quantitative breath testing device. Signatures that are found on the records do not have to be placed on computer storage. B. A dupl…

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances: 1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination…

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alco…

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following: 1. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license o…

A. If a person is convicted of violating section 28-1383, the court, in addition to any other penalty imposed by law, shall order the motor vehicle owned and operated by the person at the time of the offense forfeited in the same manner as provided in title 13, chapter 39. B. A v…

A. Within thirty days after an arrest occurs, a law enforcement officer shall forward to the department a certified report as prescribed in subsection B of this section, subject to the penalty for perjury prescribed by section 28-1561, if both of the following occur: 1. The offic…

A. A person who is under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances, who causes an accident that results in an appropriate emergency response and who is…

A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed twen…

A. If blood is drawn under section 28-1321, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose of determining the alcohol concentration or drug content in the blood. The qualifications of the individual withdrawing the blood and th…

The court shall not waive a fine or assessment imposed pursuant to this article or a surcharge imposed pursuant to section 12-116.01 or 12-116.02 for a conviction of an offense listed in this article.

A. Notwithstanding any other law, if a law enforcement officer reasonably believes that a person may have violated section 28-1381, 28-1382 or 28-1383, the law enforcement officer may request emergency department personnel of a health care institution as defined in section 36-401…

A. A person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28-1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28-1383, subsection A, paragraph 3…

A. On application pursuant to section 28-1401, subsection A the department may, and pursuant to section 28-1401, subsection C the department shall, issue a special ignition interlock restricted driver license that only allows a person whose class D or class G license has been sus…

A. A person whose driver license restriction is extended pursuant to section 28-1461 may submit to the department a written request for a hearing. The written request must be received by the department within fifteen days after the date of the order of extension of the restrictio…

A. The court shall maintain and make accessible to the general public all records regarding the disposition of cases in which a person is charged with a violation of section 28-1381, 28-1382 or 28-1383. The court shall include in these records an explanation of its reasons for ac…

A. The administrative office of the courts shall report to the governor's office of highway safety by September 1 of each year for the previous fiscal year: 1. The number of complaints issued charging a violation that include both sections 28-1381 and 28-1382. 2. The number of co…

A. A city, town or county may establish a minimum or medium security facility for the confinement of persons convicted of a violation of section 28-1381, 28-1382 or 28-1383. B. A judge may order a person sentenced pursuant to section 28-1381, 28-1382 or 28-1383 to serve the perso…

A. The court shall order a person who is sentenced to a term of incarceration for a violation of this chapter to reimburse the political subdivision that is responsible for the costs of the person's incarceration for those incarceration costs. B. The court may determine the amoun…

A. The department of transportation shall order a person whose driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege is suspended pursuant to section 28-1385 to complete alcohol or other drug screening pursuant to this chapt…

A person who receives time served credit towards a mandatory term of incarceration for a violation of this chapter must serve at least eight consecutive hours for each day of credit.

A. If a person's driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402: 1. The person shall: (a) Pay the costs for installation and maintenance of the certified ignition interlock device. (b) Provide proof …

A. After consulting with the director of the department of public safety, the assistant director for the motor vehicle division of the department of transportation shall: 1. Certify ignition interlock devices. 2. Publish a list of certified ignition interlock devices that include…

A. If a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 does not submit proof of compliance to the department as prescribed in section 28-1461, the department shall suspend the person's d…

A. 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 or restricted pursuant to section 28-1402 unless the motor vehic…

The director shall adopt rules pursuant to title 41, chapter 6 as the director deems necessary for the administration and enforcement of this article, including a rule that permits the director to impose a civil penalty against a manufacturer of a certified ignition interlock dev…

A certification issued pursuant to this article: 1. Shall be conspicuously displayed in the place of business for which it was obtained. 2. Is not transferable or subject to sale or reassignment.

If the director cancels an ignition interlock service provider's contract, the director shall notify each person with an ignition interlock device from the ignition interlock service provider that the person has thirty days to obtain another ignition interlock service provider.

A. An application for authorization of an ignition interlock service provider contract must be submitted to the director by the manufacturer in writing on a form prescribed and furnished by the director. The person shall include with the application all documents and fees prescri…

A. The ignition interlock device fund is established consisting of monies deposited pursuant to section 28-1462, subsection H. The department shall administer the fund. Monies in the fund must be used by the department for administering this article, including compliance measures…