Nevada In June 2017, Nevada passed a law requiring interlocks for first-time offenders with a blood alcohol concentration (BAC) of .08 or greater for 90 days after an arrest in order to drive. Upon conviction, a judge must order an ignition interlock for at least six months unless the judge determines this would not serve the interests of justice. From 2006 to 2020 in Nevada, interlocks stopped 16,503 attempts to drive drunk with a BAC of .08 or greater, including 4,059 attempts to drive drunk in 2020.
Grade: C (74/100) Nevada’s law biggest loophole is the ability for first-time offenders to avoid an interlock by waiting out the license suspension. All drunk drivers should use an interlock for at least six months before obtaining an unrestricted license.
Why does MADD call the law all-offender? We call it all-offender as the only way a first-time offender can drive during an administrative license revocation is via an interlock. Judges are required to order an ignition interlock for any drunk driver, except if it would not serve the interests of justice. Process to obtain an ignition interlock 1. Complete all jail/suspension/community service/educational program requirements. 2. Schedule an appointment to have an interlock device installed. 3. File an SR-22 form with the DMV. 4. Pay all required fines, such as your reinstatement fee, to the DMV. 5. Complete court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock First offense Upon revocation At least 90 days Second offense Unclear At least 1 year First refusal Upon revocation 1 year Can a drunk driver wait out an interlock order? Yes
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Legislative Recommendation
Compliance based removal? Yes The court can extend the order of a person required to install an ignition interlock device if the court receives a report from the Department of Motor Vehicles or the manufacturer of the device that the person has committed certain violations. Day-for-Day credit for early installation? Yes Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes Interlock companies must provide discounts and waive certain costs for persons whose income is at or below certain federal poverty levels. Sources: §484.3943(1) and (2), Nevada DMV.
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