Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088
(image courtesy duiarresthelp. com)
There are cases when a judge authorizes the installation of Ignition Interlock Device (IID). The purpose of the IID is to control the alcohol consumption of the person, prevent vehicle-alcohol-related incident, and to regain the driving privileges of the convicted person.
Here are the things that you should know about Nevada’s Ignition Interlock device:
Legal Definition ( NRS 484C.450)
According to Nevada’s Law, IID is a “mechanism that tests a person’s breath to determine the alcohol concentration of the person. If the results indicate an alcohol concentration of 0.02 or more, the IID will prevent the vehicle from starting.” There are people who protest that 0.02 is too low, that other states use 0.04 as a baseline. It is important to know that Nevada is taking DUI seriously. Thus a lower baseline (0.02) has been set.
Administrative DUI License Revocation
This occurs if you fail a breath or blood test. The convicted person will have his or her license immediately suspended. A period of 7 days will be given to the person to challenge the case. If the case is left unchallenged, the license would be revoked for 90 days. During that time, a temporary license can be issued by the officer. This would allow the person to drive to the office, school, hospitals, alcohol counselling areas, etc. Nevada’s law allows the installation of Ignition Interlock Devices 45 days from the day of suspension.
Judicial DUI License Revocation
Judicial DUI Penalties happen after a trial or a plea agreement. The penalties include jail time, fine, license suspension, or community service in lieu of the jail time. In judicial license suspension, the convicted person can have his/her license reinstated through the installation of Ignition Interlock Device. The IID will be installed at the own expense of the convicted person.
- If the person is proven to have a BAC level of 0.18 or more, the court is required to order the person the installation of Ignition Interlock Device as a condition of license reinstatement.
*Note Nevada’s Judicial Charges is different from Administrative charges, with separate rulings and authorities.
|License suspension (days)||Ignition Interlock Restriction Period||Ignition Interlock Restriction Period if BAC is 0.18 or more|
|1st offense||90 days||3 to 6 months – eligible after 45 days||1 to 3 years|
|2nd offense||1 year||3 to 6 months||1 to 3 years|
|3rd offense||3 years||Mandatory 1 to 3 years||Mandatory 1 to 3 years|
|4th offense||3 years||Mandatory 1 to 3 years||Mandatory 1 to 3 years|
If you are facing DUI charges, we suggest that you consult with a reputable Defense Attorney. DWI defense attorneys such as Atty. Ross Goodman offer free consultation for DUI cases. He can help you appeal for the reinstatement of your license, lower the penalties or have your case dismissed, and get back your driving privileges.