28-3319

28-3319. Action after license suspension,
revocation or denial for driving under the influence or refusal of
test; ignition interlock device requirement; definition

A. If, pursuant to section 28-1321, 28-1381, 28-1382, 28-1383, 28-3320 or 28-3322,
the license of a driver or the driving privilege of a nonresident is suspended or
revoked, the department shall not terminate the suspension or revocation or issue a
special ignition interlock restricted driver license, if applicable, pursuant to chapter
4, article 3.1 of this title until the person provides proof of financial responsibility
pursuant to chapter 9, article 3 of this title.

B. If, pursuant to section 28-1321, 28-1381, 28-1382, 28-1383, 28-3320 or 28-3322,
an unlicensed resident is denied a license or permit to operate a motor vehicle, the
department shall not issue a license or permit until the person provides proof of
financial responsibility pursuant to chapter 9, article 3 of this title.

C. If a person whose license or driving privilege is suspended or revoked pursuant
to section 28-1321, 28-1381, 28-1382, 28-1383 or 28-1385 is ordered, pursuant to section
28-1381, 28-1382, 28-1383 or 28-1385, to attend alcohol or other drug screening,
education or treatment, the department shall not either:

1. Terminate the suspension or issue a special ignition interlock restricted driver
license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person
provides proof from the treatment facility that the person has completed or is
participating satisfactorily in alcohol or other drug screening, education or treatment.

2. Issue a new license or a special ignition interlock restricted driver license,
if applicable, pursuant to chapter 4, article 3.1 of this title to operate a motor
vehicle after the revocation until the person provides proof from the facility that the
person has completed the court ordered program.

D. On receipt of a report of conviction from a court, the department shall require
any motor vehicle the convicted person operates to be equipped with a functioning
certified ignition interlock device and the convicted person to meet the requirements
prescribed in section 28-1461 as follows:

1. For twelve months if:

(a) The person is convicted of a violation of section 28-1381 or section 28-1382,
subsection A, paragraph 1.

(b) The department determines that within a period of eighty-four months the person
is convicted of a second or subsequent violation of section 28-1381 or section 28-1382,
subsection A, paragraph 1 with a prior conviction 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.

2. For eighteen months if the person is convicted of a violation of section
28-1382, subsection A, paragraph 2.

3. For twenty-four months if:

(a) The person is convicted of a violation of section 28-1382, subsection A,
paragraph 2 and the department determines that within a period of eighty-four months the
person has a prior conviction 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.

(b) The person is convicted of a violation of section 28-1383.

E. The requirement prescribed in subsection D of this section begins on the date of
reinstatement of the person's driving privilege following a suspension or revocation or
on the date of the department's receipt of the report of conviction, whichever occurs
later.

F. A person who is required to equip a motor vehicle with a certified ignition
interlock device pursuant to this section shall comply with chapter 4, article 5 of this
title.

G. For the purposes of this section, "certified ignition interlock device" has the
same meaning prescribed in section 28-1301.