Information on What the Ignition Interlock Device Laws are in the Sagebrush State of NV
The rules and regulations governing DUI and NV Ignition Interlock device laws are the same in all cities and towns across the state of Nevada. Whether pulled over and arrested in Las Vegas, Reno, Henderson, Carson City, Sparks, Virginia City, Mesquite, Boulder City, Fallon, Winnemucca, or anywhere else in the state, the laws are all the same – those driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or more will be detained and charged with Driving Under the Influence (DUI) offense. The penalties for being convicted of this crime include a NV restricted license or a full suspended driver’s license suspension, fines, jail, and having to get an Ignition Interlock Device (IID) installed on any car a person will drive in the state.
Research has shown most individuals’ ability to drive is impaired when their BAC reaches 0.05 percent, but all individuals are too impaired to drive when their BAC is 0.08 percent – this is why almost all states have adopted this as the standard for being charged with DUI. Additionally, minors or those under the age of 21 can be charged with DUI should their BAC be 0.02 percent or more, and there is also no minimum BAC for those driving commercial vehicles, as they can be charged at any level. Given the high costs of even a first DUI offense conviction or guilty plea in NV, a person needs to have their arrest reviewed online through us as soon as possible. This is because when we are able to help by finding the proper defense strategy in enough time, it can possibly avoid the Ignition Interlock requirement for a DUI offense charge in Nevada, as well as potentially save a driver’s license from getting suspended.
What Are the Penalties for Driving Under the Influence in Nevada?
The state of Nevada uses a number of different penalties as punishment for those individuals convicted of DUI. The variety of penalties is a means for the court to discourage drinking and driving behavior in offenders as well as other individuals. First time DUI offenders in the state of Nevada face penalties that include but are not limited to:
- 90 Day NV Driver’s License Suspension
- $400 to $1,000 Fine
- Two Days to Six Months in Jail
- Possible Use of an Ignition Interlock device for Driver’s License Reinstatement
2nd time repeat DUI offenders often face harsher penalties – a repeat offender in the state of Nevada is defined as someone with a previous DUI conviction within the last seven years. A second time DUI offender, or someone with one previous DUI conviction, faces penalties that include but are not limited to:
- One Year License Suspension
- $750 to $1,000 Fine
- 10 Days to Six Months in Jail
- Possible Use of an IID for Driver’s License Reinstatement
A third time offender, or someone with two previous DUI convictions within the last seven years in NV, will face penalties that include but are not limited to:
- Three Year Nevada Driver’s License Suspension
- $2,000 to $5,000 Fine
- One to Six Years in Jail
- Having to Install of an Ignition Interlock for Driver’s License Reinstatement
How does the Implied Consent Law Work in Nevada?
Like other states in the country involving DUI arrests and related offenses, the state of Nevada does enforce what is called an “implied consent law.” Under these regulations, any individual issued a driver’s license in the state of Nevada automatically consents to having urine, blood, or breathalyzer testing done in order to determine BAC. Should individuals refuse to have this testing completed, they face a fine and an automatic license suspension, not to mention that officers are authorized to use necessary, reasonable force to obtain samples of blood from the person to be tested.
What is an Ignition Interlock Device, and How Does It Work With NV DUI Laws?
Under what the new laws are in Nevada for DUI offense cases, convicted offenders may be required to install and use an Ignition Interlock car Breathalyzer device as a condition for getting a driver’s license back. An IID or a Breath Alcohol Ignition Interlock Device (BAIID) is an electrical device that mimics a Breathalyzer device but is installed inside the offender’s car, typically on the car’s dashboard. This device blocks the signal between the car’s ignition system and starter and does not allow the vehicle to start until a breath sample has been given by the driver by blowing into the device.
IIDs are calibrated to a specific BAC threshold – in the state of Nevada, this threshold is generally 0.02 percent. Should the driver’s breath sample fall above that predetermined threshold, the vehicle does not start. Should the driver’s breath sample fall below the predetermined threshold, the vehicle starts as normal. Additionally, the Interlock device may require a random sample be given after the car has started in order to prevent a third party from providing the sample at start up. Should the random sample be above the threshold, the event is logged and an alarm sounds until the vehicle has been turned off.
When is Using an Ignition Interlock Device Required in the State of Nevada?
The state of Nevada has authorized the use of IIDs for specific drivers who have been convicted of DUI or other alcohol related driving offenses. Courts allow the installation and maintenance of an Ignition Interlock as a condition for driving privilege reinstatement for offenders with a restricted driver’s license as well as:
- First time DUI offenders in NV with a BAC of 0.18 percent or more
- All 2nd offense or repeat DUI offenders
Who is Responsible for Paying for the Total Cost of the NV Ignition Interlock Device?
In almost all driving under the influence related cases where having to install a car Breathalyzer IID is authorized in Nevada, DUI offenders using the device are responsible for all costs associated with it. These costs sometimes include installation, leasing the device, maintaining and servicing the device, and having the device removed when the period of use has ended. Individuals should expect to pay around $100 to have the device professionally installed as well as between $75 and $125 a month in lease payments. It is important to know these prices vary between Ignition Interlock device providers in the state.
What is the Process of Having to Get an Ignition Interlock Device Installed for a DUI Offense in Nevada?
When a convicted NV DUI offender has been authorized to use an Interlock device as a means of having their driving privileges reinstated, they likely have a window of time in which they need to obtain the car Breathalyzer device and have it installed in order to remain compliant. During this time, they need to contact an approved Ignition Interlock provider for the state of Nevada in order to lease the device. Approved IID providers can be found across the state, and a full list of these approved companies can be found on the Nevada DMV website.
Once the device has been leased from an approved provider, it also needs to be professionally installed in order for offenders to remain within the court’s guidelines for using an IID. When the process has been completed, it may be required for individuals to report the status of their IID back to the court, their probation officer, judge, and/or the DMV to prove it has been completed. Often times, these parties accept a copy of the device’s lease agreement as well as a receipt for the installation as proof the process is complete. Once a Nevada Ignition Interlock attorney reviews an individual’s own arrest scenario online with us as to what exactly took place at the time of the traffic stop, they will then be in a position with this knowledge to discuss what the best DUI defense options are for how to avoid having to get and install an Ignition Interlock device in:
[column col=”1/4″]Boulder City
Incline Village-Crystal Bay
[column col=”1/4″]Las Vegas
Lemmon Valley-Golden Valley
North Las Vegas
[column col=”1/4″]Spanish Springs
[column col=”1/4″]Carson City County
White Pine County