Section 247-12-003 - DEFINITIONS003.01Affiant the person who completes and signs an affidavit in front of a notary.003.02Applicant any person serving a fifteen-year license revocation sentence who has filed an application with the Department for a recommendation to the Board for a reprieve of the revocation.003.03Application the form prescribed by the Department upon which the applicant must request a recommendation and includes any other evidence filed by the applicant and/or any other person or agency.003.04Board the Nebraska Board of Pardons.003.05BrAC the breath alcohol concentration in a given amount of breath, expressed by a weight by volume (w/v) based upon grams of alcohol per 210 liters of breath (2100:1 ratio). 003.06Date of the revocation order the date the revocation goes into effect pursuant to the judgment of the court in accordance with Neb. Rev. Stat. §§ 60-6,196 and 60-6,197.003.07Department the Nebraska Department of Motor Vehicles.003.08Director the Director of the Department or his or her delegate acting under the Director's authority.003.09Ignition interlock device a device that is designed to allow a driver to start a motor vehicle if the driver's BrAC is below the set point and to prevent the driver from starting the motor vehicle if the driver's BrAC is at or above the set point. The purpose of the ignition interlock device, as required by Neb. Rev. Stat. § 60-6,211.05 and approved by the Department in 250 NAC 1, is to measure the BrAC of the driver, to prevent the motor vehicle from being started if the BrAC exceeds a preset limit, and to deter and to record circumvention, tampering, disabling, bypassing, or altering in any way.003.10 Ignition Interlock Permit (IIP) a permit issued to a driver which allows the driver to operate a motor vehicle or vehicles which is equipped with an ignition interlock device. The permitted uses of the driver's IIP shall be printed on the back of the IIP. An IIP will not confer CDL privileges. 003.11License any license or permit to operate a motor vehicle issued under the laws of this state and includes the privilege to drive whether or not a person holds a valid license or permit.003.12Recommendation the written finding and conclusion of the Director based on the application. The recommendation is made to the Board, but is not binding on it.003.13Reprieve lessening the severity of a fifteen-year license revocation. A reprieve includes the possibility of restrictions on a license or ignition interlock permit (IIP) to operate a motor vehicle. The fifteen-year revocation remains in place. The reprieve allows the applicant to obtain an ignition interlock permit (IIP) to drive until the original fifteen-year license revocation has expired.003.14Revocation the termination by a court of competent jurisdiction or any formal action of the Department of a person's operator's license, which termination shall not be subject to renewal or restoration. At the expiration of the period of termination, the person may make application for a new license.003.15State-certified substance abuse counselor an individual certified by or licensed by the state of Nebraska in compliance with the Alcohol and Drug Counseling Practice Act (Neb. Rev. Stat. § 38-301 et. seq.).003.16State-certified substance abuse program a program certified by or licensed by the state of Nebraska in compliance with Title 203, Nebraska Administrative Code, Chapter 5.247 Neb. Admin. Code, ch. 12, § 003
Amended effective 12/27/2022