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Ignition Interlock Devices in Nevada

An ignition interlock device is a handheld breath-testing device that is installed into a vehicle. Before the vehicle can be started the individual must exhale into the device: if the results of the breath test are .02% or higher, the vehicle will not start. Random breath samples while the car is in motion are required as well. Failure to provide a sample, or samples over .02% will start up the car alarm (e.g. horn honking and lights flashing) until the car is pulled over. The ignition interlock device must be installed in every vehicle the offender owns and operates and the offender is prohibited from driving in any vehicle that does not have the device installed.

Individuals who are convicted with a DUI with a BAC of less than 0.18% will be required to have an interlock ignition device installed for three to six months in his/her vehicle at the offender’s own expense. Offenders convicted of a DUI with a BAC over 0.18% will be required to install the device for twelve to thirty-six months. If an offender violates the interlock device statutes, further penalties may result. Further, tampering with the device in any way will result in a misdemeanor.

The following statutes relate to Nevada’s interlock device:

484C.450. “Device” defined

As used in NRS 484C.450 to 484C.480, inclusive, unless the context otherwise requires, “device” means a mechanism that:

1. Tests a person’s breath to determine the concentration of alcohol in his or her breath; and

2. If the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, prevents the motor vehicle in which it is installed from starting.

N.R.S. 484C.040

484C.040. “Concentration of alcohol of less than 0.18 in his or her blood or breath” defined

 “Concentration of alcohol of 0.18 or more in his or her blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

N.R.S. 484C.460

484C.460. When court is authorized or required to order installation of device; exceptions; installation and inspection

1. Except as otherwise provided in subsections 2 and 5, a court:

(a) May order a person convicted of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of less than 0.18 in his or her blood or breath, for a period of not less than 3 months nor more than 6 months , to install at his or her own expense a device in any motor vehicle which the person owns or operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

(b) Shall order a person convicted of:

(1) A violation of NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of 0.18 or more in his or her blood or breath;

(2) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410; or

(3) A violation of NRS 484C.130 or 484C.430,

for a period of not less than 12 months nor more than 36 months, to install at his or her own expense a device in any motor vehicle which the person owns or operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

2. A court may provide for an exception to the provisions of subparagraph (1) of paragraph (b) of subsection 1 for a person who is convicted of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, to avoid undue hardship to the person if the court determines that:

(a) Requiring the person to install a device in a motor vehicle which the person owns or operates would cause the person to experience an economic hardship; and

(b) The person requires the use of the motor vehicle to:

(1) Travel to and from work or in the course and scope of his or her employment;

(2) Obtain medicine, food or other necessities or to obtain health care services for the person or another member of the person’s immediate family; or

(3) Transport the person or another member of the person’s immediate family to or from school.

3. If the court orders a person to install a device pursuant to subsection 1:

(a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the person’s driver’s license.

(b) The person who is required to install the device shall provide proof of compliance to the Department before the person may receive a restricted license or before the driving privilege of the person may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.

4. A person whose driving privilege is restricted pursuant to this section shall:

(a) If the person was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time during the period in which the person is required to use the device; or

(b) If the person was ordered to install a device pursuant to paragraph (b) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time each 90 days,

to determine whether the device is operating properly. An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484C.640. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the Director shall notify the court that ordered the installation of the device.

5. If a person is required to operate a motor vehicle in the course and scope of his or her employment and the motor vehicle is owned by the person’s employer, the person may operate that vehicle without the installation of a device, if:

(a) The employee notifies his or her employer that the employee’s driving privilege has been so restricted; and

(b) The employee has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

6. The running of the period during which a person is required to have a device installed pursuant to this section commences when the Department issues a restricted license to the person or reinstates the driving privilege of the person and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484C.110, 484C.120,484C.130 or 484C.430, imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation.

N.R.S. 484C.470

484C.470. Penalties for tampering with or driving without device; probation and suspension of sentence prohibited; plea bargaining restricted

1. A person required to install a device pursuant to NRS 484C.460 shall not operate a motor vehicle without a device or tamper with the device.

2. A person who violates any provision of subsection 1:

(a) Must have his or her driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460; and

(b) Shall be:

(1) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or

(2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.

No person who is punished pursuant to this section may be granted probation, and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless, in the judgment of the attorney, the charge is not supported by probable cause or cannot be proved at trial.

N.R.S. 484C.480

484C.480. Regulations

1. The Committee on Testing for Intoxication shall on or before January 1, 1990, adopt regulations which:

(a) Provide for the certification of each model of those devices, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, prevent the motor vehicle in which it is installed from starting.

(b) Prescribe the form and content of records respecting the calibration of devices, which must be kept by the Director or the agent of the Director, and other records respecting the maintenance and operation of the devices which it finds should be kept by the Director or the agent.

2. The Committee shall establish its own standards and procedures for evaluating the models of the devices and obtain evaluations of those models from the Director or the agent.

3. If a model of a device has been certified by the Committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, each device of that model is accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, will prevent the motor vehicle in which it is installed from starting.


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