Ignition Interlock Device Laws in Nevada

If you’ve been convicted of drunk driving in Nevada, you may be required to have an ignition interlock device (IID) installed in your car. An IID is intrusive, aggravating, and limiting — but tampering with it can carry significant legal consequences. The experienced Nevada criminal defense lawyers with Adras & Altig, Attorneys at Law want to help you understand the state’s IID laws and how to avoid having an ignition interlock device placed on your vehicle.

Our attorneys have over 40 years of combined legal experience and are prepared to defend your rights if you’ve been charged with a DUI. We know the stakes are high when you’re facing criminal charges. We will work diligently in pursuit of the best possible outcome in your case. When you hire Adras & Altig, Attorneys at Law, you’re not just a number. We take the time to get to know every client and provide aggressive, effective representation.

If you want to know more about ignition interlock device laws in Nevada, don’t hesitate to contact us for a free consultation.

Who Is Required to Have an Ignition Interlock Device (IID)?

Also called a car breathalyzer, an ignition interlock device (IID) will prevent a vehicle from starting if the driver does not pass a breath test meant to detect alcohol. The IID may also conduct periodic “rolling tests” while a defendant is driving the car to ensure they are not drinking alcohol while behind the wheel. If a driver does not pass a breath test or doesn’t take the test, the IID will disable the vehicle to prevent drunk driving.

Nevada defendants may be ordered to install ignition interlock devices in their vehicles when convicted of certain drunk driving offenses. According to Nevada law, the court may be required to order a driver convicted of drunk driving to install an IID in their car for a DUI conviction. How long the driver must keep the IID will depend on the following:

  • First-time DUI convictionThe defendant must install an IID for 185 days to regain driving privileges.
  • Second-time DUI convictionAn IID is required for at least one year to regain driving privileges.
  • Third-time DUI, DUI causing injury or death, or vehicular homicide conviction — These are all felonies and require installation of an IID for three years.

There are a few exceptions to the Nevada IID laws. But only first-time offenders may get out of using IIDs. Judges can waive the IID requirement in misdemeanor DUI cases if the defendant:

  • Cannot provide an adequate breath sample for the IID
  • Lives more than 100 miles from a location to have the IID installed
  • Can prove having an IID installed would be an economic hardship
  • Needs their car to travel to work or get food, medicine, medical care, or other necessities for the defendant or their family

Costs Associated with Installing an IID

A defendant must pay for the IID device and any associated costs. However, installing an IID can be expensive. The costs associated with installing an IID include the following:

  • Installing According to Intoxalock, installing an IID can cost around $70 to $150, depending on the vehicle and device.
  • Leasing Because a defendant leases the device rather than owning it, they will be charged a monthly fee of around $60 to $90.
  • Repairing, calibrating, and removing Defendants who have IIDs installed in their vehicles are responsible for the costs of maintaining and removing the device. There are also expenses associated with having the device regularly inspected.

What Happens If You Fail an IID Test?

If you fail an IID test before you start the car or while driving, the IID will disable the vehicle so that you cannot drive. IIDs keep a log of all failed breath tests, which an IID technician will provide to the court.

The penalties for failing an IID test will vary depending on the circumstances. If you can explain that you failed the test for a reason other than being intoxicated, you will likely avoid additional penalties. But if there is no explanation, the court may increase the time you must use the IID or enforce other penalties.

Thinking About Tampering with Your IID? Think Again

An IID can be inconvenient. However, you should never tamper with the device. Under Nevada law, tampering with an ignition interlock device or not driving with an IID when one is required is a misdemeanor.

A person convicted of tampering with an IID may have their driver’s license revoked for up to three years and face additional penalties, including up to six months in jail or up to six months of home confinement and up to $1,000 in fines. Having another person blow into the defendant’s IID is also a misdemeanor punishable by up to six months in jail and $1,000 in fines.

Can a Criminal Defense Lawyer Help You Get Rid of an Ignition Interlock Device?

A criminal defense lawyer may be able to help you remove an IID or avoid having one installed in your vehicle. First-time DUI offenders can avoid the IID requirement in certain circumstances. A lawyer can gather helpful evidence to show the court how your situation should exclude you from the IID laws. If you have an IID in your vehicle and it is making your life harder, an attorney can ask the court to have it removed for being an undue hardship. A criminal defense lawyer can also help you explain a failed IID test to avoid additional penalties.

Having an IID in your vehicle can be a considerable inconvenience. It is crucial to have an experienced criminal defense attorney who can help you get rid of an ignition interlock device in Las Vegas. With over 40 years of combined legal experience, the team at Adras & Altig, Attorneys at Law has the resources and skills to aggressively defend your rights. We understand that your freedom is on the line, so we diligently pursue the best outcome for every client at our office today to learn more about how a criminal defense lawyer can help you during a free case review.