24/7 sobriety program permit; issuance; requirements; revocation; grounds; court order.

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60-705. 24/7 sobriety program permit; issuance; requirements; revocation; grounds; court order.

(1) If an individual has been arrested for a violation of section 60-6,196 or 60-6,197 or a city or village ordinance enacted in conformance with such sections and is participating in a 24/7 sobriety program, such individual may petition the court for an order allowing the individual to apply for a 24/7 sobriety program permit as set forth in section 60-706. A 24/7 sobriety program permit shall only be issued if the individual's operator's license has been revoked pursuant to section 60-498.01 for the pending offense.

(2) The court shall only issue an order under subsection (1) of this section if the court has sufficient proof the individual is enrolled in a 24/7 sobriety program and has gone at least thirty consecutive days without any sanctions being imposed.

(3) If, after the issuance of an order allowing an individual to apply for a 24/7 sobriety program permit, the individual withdraws or is terminated from the 24/7 sobriety program, the court shall immediately issue an order revoking the 24/7 sobriety program permit and cause a copy of the order to be sent to the director.

(4) The holder of a commercial driver's license under the Motor Vehicle Operator's License Act is not eligible for a 24/7 sobriety program permit.

(5) A person shall be eligible to be issued a 24/7 sobriety program permit allowing operation of a motor vehicle if he or she is not subject to any other suspension, cancellation, required no-driving period, or period of revocation and has successfully completed the application for a 24/7 sobriety program permit.

Source

  • Laws 2021, LB271, § 5.
  • Operative Date: July 1, 2022

Cross References

  • Motor Vehicle Operator's License Act, see section 60-462.


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