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How Will a New Interlock Device Law Change Things?

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New Law Requires Ignition Interlock Device for DUI Arrest

A new law has gone into effect as of October 1, 2018, which mandates the installation of an ignition interlock device after a driving under the influence (DUI) arrest is made. The law comes from Nevada Senate Bill 259, which was officially passed in June 2017, but did not become enforceable law until October 2018.

How Will This New Law Change Things?

This new law makes Nevada the 30th state to require the installation of ignition interlock devices after a person is arrested for a DUI. The law requires anyone who has been arrested with a blood alcohol content or breath alcohol content of 0.08 percent or higher to have one of these devices installed on their cars for a period of 90 days after the date of arrest.

This law strengthens previous standards and requires the ignition interlock device even if this is the person’s first DUI arrest. Previously, people who had not been previously arrested for a DUI received some leniency for their first offenses.

The requirement of the installation of an ignition interlock device applies to all DUI arrests, regardless of whether the arrested individual was under the influence of alcohol, marijuana or any other type of drug.

The device will need to be installed on every car to which the arrested individual has access. To operate the vehicle, the person driving the car must blow air into the device. If the device does not detect any blood alcohol content on the person’s breath, the car will be allowed to start. If alcohol is detected, the car does not start.

These devices currently are only able to monitor alcohol in someone’s system and no other drugs, including prescription and marijuana.

In addition, the new law cracks down on practices that many people who had these devices on their vehicles were doing to get around the device itself in allowing a sober person to breath into the device to circumvent the system. This new law makes it a misdemeanor offense if that person is caught giving a sober breath sample for someone who has an ignition interlock device installed on his or her vehicle.

How Much Will It Cost?

The cost for installing the ignition interlock device will be paid by the arrested person. Currently, the costs can range between $70 to $150 to install. A monthly fee also goes along with these devices, ranging between $60 to $80 for monitoring and calibrating the device.

Of course, the cost for these devices varies based on the vehicle and how many vehicles the arrested individual has.

How Long is the Device Required?

It is important to note that this new law handles installation of an ignition interlock device upon arrest. If, after the arrest, the person is later convicted of a DUI, the judge may order that an ignition interlock device be installed for a period of at least six months. On the other hand, the judge may decide that the device is not needed, although these situations are rare.

Currently, the device is required for a period of one year if a first DUI offender had a blood alcohol content of 0.18 percent of higher.

The ignition interlock device was not mandatory if the person had a blood alcohol content between 0.08 and 0.17 percent, but they could be ordered based upon the judge’s discretion for a period ranging between three to six months. If the convicted person was convicted of a Felony DUI, a DUI that results in death or substantial bodily harm or Vehicular Manslaughter, they would also be required to have an ignition interlock device installed in any vehicle to which they have access.

Have an Attorney on Your Side

Since this new law involves ignition interlock devices following an arrest and not following an actual criminal trial, it is important that the arrested individual know what his or her rights are when it comes to fighting the installation of this device.

It is recommended that a DUI attorney be contacted as soon as the person is released from police custody. If there are any concerns about the device being installed on the arrested person’s vehicle, speak with a DUI attorney about what can be done to avoid this requirement, if at all.

However, keep in mind that if the person is not convicted, the ignition interlock device is only for a temporary period of time, much less than would be the case if the person is later convicted. Regardless, speak with an attorney and learn what rights the person has when it comes to accessing and installing these devices.

Contact Us Today!

If you have been arrested for a DUI while visiting our state, it is important you contact the Hill Firm today. We can meet with you to discuss your rights and all potential legal consequences from your arrest. Contact us today at (702) 848-5000.

Dan Hill