Nevada has once more raised the stakes for those who get drunk and decide to get behind the wheel. As of October 1, 2018, an Ignition Interlock System (IIS) will need to be installed in order to retain your driving privileges until your DUI court date, otherwise your license will be immediately suspended, even if this is your first DUI. If you have been charged with DUI in Nevada, you will need to move quickly to retain your driving privileges.
If arrested for a DUI your license will be suspended immediately, and the police will take your license. You will be arrested if:
a.) your BAC registers .08 or higher on a breathalyzer test
b.) you refuse to submit to a breathalyzer
c.) if the officer’s observation of driving and behavior, i.e. field sobriety test, indicates that you are either drunk or high.
Upon release from jail you may be issued a temporary license which will expire in 7 days. After that 7-day period, your license will be suspended for 90 days pending outcome of the DUI court ruling, unless you install an IIS device in your vehicle at your expense. The IIS will require you to pass a breathalyzer test in order to start your car.
Criminal Charges v. Administrative Action
Sound confusing? It is, and the complexity of the DUI laws is a good reason to hire a lawyer immediately upon receiving a DUI. The state is attempting to counter the increases in DUI related accidents and deaths. In 2016 there were 85 alcohol related fatalities in Nevada, which increased to 101 in 2017. In Clark County alcohol fatalities increased 44% year to year. The objective of the more stringent law is to get and keep impaired drivers off the road.
In Nevada, there are two parallel processes at working in any traffic related infraction. One is the breaking of the criminal statutes handled through the courts, the other is administrative action by the DMV. While your DUI trial may not occur until 90 days after the arrest, the administrative restrictions begin to occur immediately upon arrest. A conviction may only confirm actions already taken administratively, but the DMV will take immediate action to keep you off the road, by suspending your license, unless you take steps to counter.
Effects of the New Law
We reported on IIS devices previously on this blog when SB259 was passed. This law was passed and signed into law in June 2017 but was given 16 months for state agencies such as the DMV to draft regulations to support the new statute. The law took effect October 1, 2018.
The law extended the IIS requirement to any driver being charged with a DUI. Prior to SB259 it was left to court’s discretion to impose this requirement. The state expects the current 2,000 or so IIS systems currently in use in Nevada to increase to about 10,000 due to the new law.
Ticket Busters is your Las Vegas Ticket/DUI Lawyer
If you’ve been charged with a DUI, you need to take immediate steps to preserve your driving privileges. Ticket Busters can help you through this process by representing you both with the DMV and with the courts to minimize the penalties and keep you on the road. Call us today to discuss your case at (702) 666-6666.