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Nevada’s New DUI & Breath Interlock Law: What It Means for You

Many clients (as well as attorneys and judges) have asked what the new Nevada DUI and Breath Interlock law will mean for Nevada drivers accused of a DUI. In this blog, I walk you through how the new law will impact you. As always, everyone’s situation may differ. I encourage you to contact me if you need legal help.

What You Need to Know About Nevada’s New DUI Law

While the law does help people drive legally, drivers face tremendous consequences, and potentially lengthy interlock requirements. Under Nevada law, a person will have three different potential license revocations.

  1. Implied Consent Violation – When a person agrees to provide a blood or breath sample, if they are above the legal limit (alcohol/drugs/prescription drug without a prescription), they could lose their license for up to 90 days – same as before October 1, 2018. But, by using a Breath Ignition Interlock Device (BIID), they can drive the entire 90 days. Please note that the implied consent refusal still carries a one-year suspension, but you can get a BIID the entire time and continue driving.  
  2. DUI Conviction – If a person has a DUI conviction – the first offense in seven years carries a 185-day loss of license (used to be 90 days). A second offense in seven years carries the same one year, and a third offense stays the same at three years loss of license. But, the good news is that you may continue to drive with a BIID. It used to carry a lengthy hard suspension, meaning no driving during the suspension until at least half the period.
  3.  DUI Conviction License Reinstatement – From my perspective, this reflects a NEW penalty. After October 1, 2018, the Court will notify DMV not only of the conviction but of the convicted driver’s blood/breath alcohol level (BAC). If the driver had a BAC of .08-.179 when their license is REINSTATED, they must use a BIID for an additional 185 days. If they had a BAC of .18 or more, the BIID requirements extend to anywhere between 12-36 months, up to the trial court judge. Please understand that this BIID requirement occurs AFTER already serving the DUI conviction period. And, the BIID becomes a condition of reinstatement. This means that unlike #1 and #2, a person cannot simply decide to serve the entire period without driving. Instead, NV DMV conditions the reinstatement with the BIID. You must have a BIID to get a valid license.

If you’re currently facing DUI charges, do not wait to contact my office at (702) 430-7531. Together, we can review the details of your case and discuss your options during a FREE case evaluation.

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