28-1403. Extension of interlock restricted licenses; hearing; scope

 

(L08, Ch. 256, sec. 24. Eff. until 7/1/18)

 

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 restriction.  On receipt of a request for a hearing, a hearing shall be held within thirty days.

B. Hearings requested pursuant to this section shall be conducted in the same manner and under the same conditions as provided in section 28-3306. For the purposes of this section, the scope of the hearing shall include only the following issues:

1. Whether the person was issued a special ignition interlock restricted driver license.

2. Whether the person tampered with the certified ignition interlock device.

3. Whether the person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28-1381, subsection G, paragraph 3, three or more times during the period of license restriction or limitation.

4. If the person is under twenty-one years of age, whether the person attempted to operate the vehicle with any spirituous liquor in the person's body during the period of license restriction or limitation.

5. Whether the person submitted proof of compliance or inspection as prescribed in section 28-1461.