New Penalties for DUIs in Nevada: Ignition Interlock Now Required for All DUIs

In an effort to deter those convicted of a DUI from driving while intoxicated, 28 states, including Nevada, and Washington, D.C. now require first-time drunk drivers to install an ignition interlock device for the duration of a DUI license suspension.

What Is an Ignition Interlock Device?

An ignition interlock device is a mechanism that tests a person’s breath to determine the concentration of alcohol. If the concentration of alcohol is 0.02 or more, the ignition interlock device prevents the vehicle from starting. The device also retests the driver periodically while the driver drives to check if the driver is drinking while driving.

How Does the New Law Change the Old Law?

Previously, a person’s driver’s license was revoked for 90 days if the person had a concentration of alcohol of 0.08 or more in his or her blood or breath or who was found to have a detectable amount of a prohibited substance in his or her blood or urine. The new law effective October 1, 2018 revised the period of revocation to not less than 185 days.

Previously, an ignition interlock device was required for a person driving under the influence of alcohol or a controlled substance who was convicted for an offense amounting to a felony, or to a misdemeanor when the blood alcohol level was 0.18 or more. The new law now requires installation of an ignition interlock device whenever a person is convicted of driving under the influence of alcohol or a controlled substance, including convictions for felonies, such as vehicular homicide, that stem from driving a vehicle while intoxicated.

Do Ignition Interlock Devices Have a Camera?

Devices are equipped with a camera to make sure that the person who blows into the device is the actual driver, not someone else helping to cheat the test. The camera takes photographs only at designated times. For example, when a driver powers on the device, takes the test, starts the vehicle, and during any retests while driving. The camera does not spy on the driver and passengers. Photographs and other device data are downloaded and checked at monitoring and calibration appointments.

How Long Must the Device Remain Operative?

Depending on the violation and its severity, the period is not less than 185 days, but can last as long as 36 months. The court may extend the time that the device is required if the person fails device testing or commits violations such as tampering with the device or failing to have the device inspected and calibrated.

Are There Penalties for Tampering with or Driving without a Device?
Penalties include jail or house arrest, as well as a minimum driver’s license revocation of three years.

Who Pays for the Device?

Any person convicted of a DUI will be required to pay for installation, inspection, calibration, monitoring, and maintenance at his or her own expense.

Are There Any Exceptions to Avoid the Device Requirement?

A court may provide for exceptions if the court determines the existence of economic hardship, physical impairment, work or family obligations, and access to devices. It is important to note that exceptions are just that, exceptions. For most people, the exception will not apply.

What Are the Requirements for the DMV to Reinstate My Driving Privilege?

After installing an ignition interlock device, you must present a Certificate of Compliance in person at a DMV office and follow any other reinstatement procedures as well. Requirements may include written testing, SR-22 insurance, and payment of reinstatement fees. The DMV will then issue a driver’s license with Restriction Y (a license requiring the driver to have an ignition interlock device).

Remember that losing the ability to drive if you are a commercial driver, pilot, or messenger can mean losing your livelihood. Why wouldn’t you take every opportunity to fight to keep your driving privileges?

Being arrested for a DUI is a very serious matter. We understand the process, and we are here to provide you with the best possible DUI defense. We’ve helped others, now let us help you. With over 25 years of experience in Criminal Law, The Wright Law Group, P.C. is well-equipped to assist you. Call us now at (702) 405-0001 to arrange a consultation.