A drunk driving conviction today carries with it a suspension of driving privileges for a period of time.  However, in many states the person convicted of DUI is permitted to drive his vehicle to designated places if he installs an ignition interlock device (IID) in his car.  This exception is commonly designed to permit the person to go to work, school, alcohol programs and/or appointments with probation officers.

Nebraska is one of those states that recognizes the wisdom of this approach.  The punishment for DUI is harsh, but it shouldn't ruin a person's life by causing him to lose his job, drop out of school, or be unable to meet his court-ordered obligations to attend alcohol education programs or probation officer appointments.

The Nebraska DMV also felt that permitting citizens to drive to probation appointments was a logical part of the rehabilitative process.

Federal bureaucrats disagree.   

According to a March 13 article in the Lincoln Journal-Star, the federal government has decided that the State of Nebraska should not permit its citizens to report to probation officers by using an IID.  And to emphasize their position, they have threatened the state with the loss of $7.15 million in federal funds if they don't change this law. 

Nebraska needs the money.  And so a bill (LB924) is now before the Nebraska Senate and has been given first-round approval.  The bill would remove visiting probation officers as a permissible destination for those required to have IIDs in their cars.  The bill is expected to become law on July 15th.

"This truly shows the disconnect with the feds," said Sen. Deb Fischer, chairwoman of the Transportation and Telecommunications Committee. "Some bureaucrat has decided people don't need to drive to probation appointments."

About the author:  Lawrence Taylor is a San Diego DUI attorney and the author of the standard textbook in the field, Drunk Driving Defense, 6th edition.