Ignition interlock devices (IID) are used by Nevada courts for cases involving driving under the influence (DUI). The device is installed in the offender’s vehicle and tests the breath alcohol concentration of the driver. If the breath alcohol concentration is above 0.02, the vehicle will not start. The offender must submit proof of IID installation to the Department of Public Safety (DPS) in order to obtain a restricted driver license. Offenders who are ordered to drive with an IID must obtain the device from a provider that is certified by the Nevada Committee on Testing for Intoxication. The offender is responsible for any and all costs associated with the device including purchase, installation, maintenance and calibration.
IIDs must be installed in any and all vehicles operated by the offender. If the offender is required to operate an employer-owned vehicle as part of the course and scope of employment, the offender must notify the employer of the IID restriction. Additionally, the offender is required to have a copy of the employer notification while operating the employer-owned vehicle. Offenders may not operate vehicles owned by a business that the offender owns or controls, in part or wholly. Offenders may not operate commercial vehicles under any circumstances.
If a chemical test is conducted after a traffic stop or accident and the test result is positive, the offender’s driver license is seized immediately by law enforcement. Refusal to submit to a chemical test will result in law enforcement seizing the offender’s driver license. When the license is seized, the offender may request a temporary, restricted seven-day driver license from the officer. If the offender has a temporary license at the time of the positive chemical test, the temporary license is seized and driving privileges revoked. The offender is not eligible for an additional temporary license.
If the offender is convicted of DUI with a blood or breath alcohol content of 0.18 or less, the courts may order the installation of an IID in the offender’s vehicle. If the court does order the IID restriction, the device will be required for a period of three to six months. The courts are required to order the installation of an IID for convictions involving a blood or breath alcohol content of 0.18 or higher, vehicular homicide, death or bodily harm. In these cases, the IID will be required for a period of 12 to 36 months. The offender’s driving record will indicate that an IID is required to operate the vehicle and the restriction will be shown on the offender’s driver license.
IIDs must be inspected periodically by the device installer. Failure to comply with this requirement will result in additional legal action. For offenders whose IID restrictions are for three to six months, the devices must be inspected at least one time during the time that the offenders are required to use the device. IIDs must be inspected every 90 days for offenders who are required to use the devices for 12 to 36 months. The installer inspects the device for function and any evidence of tampering. The installer will report cases of tampering to the Nevada DPS, who then notify the courts. Tampering with the device will result in the revocation of driving privileges and imprisonment for a period of 30 days to six months. As an alternative to imprisonment, the courts may order residential confinement not to exceed six months and a fine of $500 to $1,000.
The court may allow an exception to the installation of the Ignition Interlock Devices based on the offender’s financial hardship. In these cases, offenders are allowed to drive without IIDs to and from work; for purposes within the scope of employment; to obtain medications, food or other necessities; to obtain health care for themselves or immediate family members or to and from school for themselves or immediate family members.
Additional Resources For Ignition Interlock Nevada Laws
Driving Under The Influence Of Alcohol Or A Prohibited Substance
