Nevada DUI offenders may be required to install ignition interlock devices (IIDs) before they can resume driving. These devices, also known as breath interlock devices, prevent a vehicle from starting if they detect the presence of alcohol on the driver’s breath.
Failure to comply or attempting to tamper with the IID is considered a misdemeanor, according to NRS 484C.470. This offense carries a minimum sentence of 30 days in jail (or 60 days of home confinement) and a three to five-year suspension of the offender’s driver’s license.
Below, our team of Las Vegas DUI attorneys provides information on various aspects related to IIDs and DUI offenses in Nevada, including:
- Duration of the IID requirement in Nevada
- Consequences of failing the IID test
- Penalties for not using the mandated IID
- Is it necessary to install an IID in all my vehicles?
- Can the IID requirement Be waived?
- How do IIDs work?
- Obtaining an IID
- Steps for reinstating a suspended driver’s license in Nevada
- Sentencing guidelines for DUI offenses in Nevada
1. Duration of the IID requirement in Nevada
The duration for which an IID (Ignition Interlock Device) is required in Nevada varies depending on the specific conviction. Here’s a breakdown:
| DUI Conviction – Nevada | Duration of IID Sentence |
| Felony DUI Offense: Third DUI OffenseDUI causing injury or deathDUI following another felony DUI convictionVehicular homicide | 3 Years |
| DUI Offense (Misdemeanor) second offense within 7 years | 1 – 3 Years |
| DUI Offense (Misdemeanor) first offense within 7 years | 185 Days |
A first-time DUI conviction results in a 185-day license revocation period. However, individuals can resume driving sooner by installing an IID (Ignition Interlock Device).
A second DUI offense leads to a 1-year license revocation period. Similarly, individuals can regain driving privileges sooner by installing an IID.
Felony DUI convictions lead to a 3-year license revocation. However, individuals can drive again sooner by installing an IID.
2. Consequences of Failing an IID Test
Ignition Interlock Devices (IIDs) maintain a log of all breath tests that have resulted in failure. During your next appointment with the IID-certified service provider, the technician will retrieve this information and provide it to the court.
The court’s response to failed tests varies, depending on the specific circumstances of the case. If there is a valid explanation for the failure, such as using alcohol-containing mouthwash, there may be no consequences. However, if there is no innocent explanation, the judge may extend the duration of IID usage.
If a failed test happens within the last four months of the IID sentence, the DMV interlock rules in Nevada permit the judge to extend the sentence by a maximum of 50%.
Example: Jed receives an order to use an IID for a duration of 12 months due to a DUI conviction. However, during the tenth month of his IID sentence, Jed fails a test administered by the IID device. As this failure is within the last four months of his sentence, the judge can extend Jed’s IID requirement by six months, which is 50% of his original year long IID sentence.
Failure to comply with the judge’s order to abstain from alcohol and then having a failed IID test can land you in jail.
3. Penalties for Not Using the Mandated IID
Driving without or tampering with an IID in Nevada is considered a misdemeanor. The penalty for this offense can include either:
- Jail time ranging from 30 days to 6 months; or
- Home confinement for 60 days to 6 months and fines between $500 and $1,000.
The Nevada Department of Motor Vehicles (DMV) will also revoke your driver’s license for three years. If you are caught driving without an IID again, the DMV will extend the license revocation to five years.
It is also classified as a misdemeanor for anyone other than yourself to provide a breath sample in the IID. The penalties for this violation may include:
- Up to 6 months of imprisonment; and/or
- Fines amounting to a maximum of $1,000.
4. Is It Necessary to Install an IID in All My Vehicles?
If you have been mandated to use an IID, it is required to install an IID in every car and motorcycle you will operate, regardless of ownership. However, there are exceptions when driving your employer’s company cars without an IID. To do so, the following conditions must be met:
- Written evidence must be provided, notifying the employer about the IID restriction.
- The written proof should be kept inside the company car at all times.
- The company car should not be classified as a commercial vehicle.
The written evidence can be in the form of a court order with the employer’s signature or a letter from the employer acknowledging their awareness of the IID restriction.
5. Can the IID Requirement Be Waived?
According to Nevada DMV interlock laws, there is a possibility of being exempted from the IID requirement for a DUI-first conviction. To be eligible, you must show that complying with the IID requirement would result in an unduehardship. There are four potential grounds for claiming undue hardship:
- Inability to provide a deep lung sample, which must be confirmed in writing by a physician.
- Residing more than 100 miles away from an IID manufacturer or agent.
6. How Do IIDs Work?
IIDs are compact devices similar in size to a mobile phone and are typically installed near the ignition on a vehicle’s steering column. They have a mouthpiece where you are required to blow air into.
When a breath sample is provided into the IID and found to be free of alcohol, the vehicle can be started normally. However, if the IID detects a blood alcohol concentration (BAC) of 0.02% or higher, it will prevent the car from starting. This is because a BAC at or above this threshold indicates the potential influence of alcohol, and the IID is designed to disable the vehicle as a safety measure.
6.1 Rolling Tests
IIDs perform breath tests both at the start of a car ride and periodically during the drive. Once the vehicle is running, the IID conducts rolling tests to ensure that the driver remains alcohol-free while operating the vehicle. These rolling tests typically occur within 15 minutes of starting the car and then at 45-minute intervals.
When asked for a rolling sample, you generally have a six-minute window to provide a breath sample to the IID. Failure to pass the breath test or neglecting to give a sample within the allocated time will not cause the vehicle to stop. Instead, the IID will record the missed test as a failure, indicating the occurrence of a failed test.
7. Installing an IID
To install an IID, it is necessary to visit a certified service interlock provider approved by the Nevada Committee on Testing for Intoxication. The court may provide a list of authorized locations to obtain the IID.
Installation, inspection, repair, and removal of breath interlock devices can only be conducted by employees at certified service providers. Once you have obtained the IID, you must submit proof of ignition interlock device installation to the DMV as a verification process.
7.1 Approved IID Providers in Nevada
- Alcohol Detection Systems – Determinator
- AlcoAlert Interlock, Inc.
- ALCOLOCK
- Draeger (RoadGuard) – Draeger Interlock or Draeger XT
- BEST Labs Inc. – FR9000
- Guardian – Guardian AMS 2500
- Intoxalock
- Instant Interlock
- LMG / Lifesafer
- SkyFineUSA
- Low-Cost Interlock
- Smart Start – SSI 20/20
7.2 Maintenance and Costs
Typically, the installation of an IID can cost up to $150, and there is an additional monthly maintenance fee of around $100 (equivalent to approximately $2.50 to $3.50 per day). It’s important to note that you are also responsible for any expenses related to repairing, calibrating, and removing the IID.
The manufacturer or their authorized agent must regularly inspect the IIDs. The frequency of these inspections can vary based on the specific DUI conviction.
8. Steps for Reinstating a Suspended Driver’s License in Nevada
It is advisable to contact the DMV directly to learn the exact requirements of your case. Prepare to visit a DMV office in person, pay the reinstatement fees, and provide proof of SR-22 insurance (demonstrating financial responsibility).
In certain instances, a driving skills test may be necessary.
9. Sentencing Guidelines for DUI Offenses in Nevada
| Nevada DUI Conviction | Punishment |
| DUI 1st (in 7 years) | Misdemeanor: $400 to $1,000; 2 days to 6 months in jail; DUI School and Victim Impact Panel; Ignition interlock device (185 days) 185-day license suspension |
| DUI 2nd (in 7 years) | Misdemeanor: 10 days to 6 months in jail; $750 to $1,000; Victim Impact Panel; Alcohol/drug dependency evaluation; Ignition interlock device (1 year) 1-year license suspension |
| DUI 3rd (in 7 years) | Category B felony: 1 to 6 years in Nevada State Prison; $2,000 to $5,000; Victim Impact Panel; Ignition interlock device (3 years) Alcohol/drug dependency evaluation; and 3-year license suspension |
It is important to note that if you refuse to take a preliminary breath test or an evidentiary chemical test, your license will be immediately revoked for at least one year.
Facing a DUI Arrest? Reach Out to Us for Assistance
If you have been arrested for driving under the influence in Nevada, contact our experienced attorneys at The Bourassa Law Group for a consultation. We are dedicated to helping you achieve a favorable resolution that may prevent a suspended license. We extend our services to clients facing DUI charges all throughout Nevada.