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New DUI law in effect

Posted by Joshua Tomsheck | Oct 05, 2018 | 0 Comments

Nevada Senate Bill 259 was passed in June 2017 and became effective October 1, 2018. This makes Nevada the 30th state which will now require ignition interlock devices after an arrest for driving under the influence. Under the new law, anyone arrested with a blood alcohol content or breath alcohol content of 0.08 or higher will be required to use an ignition interlock for ninety (90) days after the arrest date. This will apply for individuals even if this is their first DUI arrest. It will also apply to all DUI arrests, regardless of if the person was under the influence of alcohol, marijuana, or another type of drug. The new law also makes it a misdemeanor offense to offer to give a sober breath sample for a person who has the ignition interlock device installed.


The ignition interlock device would have to be installed on every car that the individual has access to. The purpose of the ignition interlock device is to prevent a person from operating a car while under the influence. Currently, the ignition interlock device is only able to monitor the amount of alcohol in a person's system and not marijuana, prescription drugs, or illegal drugs. The ignition interlock device will be connected to the vehicle, and will have a preset level for blood alcohol content determined by Nevada. The person driving the car will have to blow air into the device. If there is no alcohol detected in the person's breath, the car will start. If alcohol is detected, the car will not start.


The person arrested for the DUI will be responsible for the costs associated with the ignition interlock device, in addition to any Court fees, fines, or costs for an attorney. The costs for the ignition interlock device to be installed range from $70 to $150, and a subsequent monthly fee can range from $60 to $80, which covers device monitoring and calibration. The cost for the device can also vary depending on the year, make, and model of your car.


If convicted of driving under the influence, then the judge may order an ignition interlock device be installed on the individual's for at least six months. However, the judge may determine that the device is not necessary at sentencing. In instances where the driver provides the Judge with medical proof they are unable to provide a deep lung sample, or if the driver provides proof that he or she lives more than 100 miles away from an ignition interlock device manufacturer, they may be exempt from the requirement.


Under current Nevada law, the ignition interlock device was required for one year if a first offender was convicted of DUI and had a blood alcohol content or breath alcohol content of 0.18 or higher. If the first time offender had a blood alcohol content or breath alcohol content of between 0.08 to 0.17, judges had the option of ordering an offender to have an ignition interlock device installed for a period ranging from three months to six months, following conviction. Currently, a person can also be required to have an ignition interlock device installed in any vehicle they have access to if they have been convicted of Felony DUI, Vehicular Manslaughter, or a DUI that results in death or substantial bodily harm.


According to the Clark County District Attorney's Office, an average of 100 people are being convicted of DUI in the Las Vegas Justice Court per day. The District Attorney's Office has a special team of five prosecutors who solely handle misdemeanor DUI offenses that occur within Clark County limits, and all felony DUI offenses that occur within Clark County, including Henderson, North Las Vegas, and Las Vegas. Nevada DUI laws are very intricate and require the experience of a knowledgeable Las Vegas DUI Defense Attorney, like Josh Tomsheck. Mr. Tomsheck is a member of the National College for DUI Defense and the DUI Defense Lawyers Association. With over a decade of legal experience, he will be able to help you with both court repercussions, and the repercussions with the DMV. Mr. Tomsheck has had many DUI cases dismissed or reduced. If contacted early in the process, it is possible to prevent formal criminal charges from ever being filed against you. Contact him here today for your free consultation.

About the Author

Joshua Tomsheck

DUI Attorney Josh Tomsheck is a Partner in the firm of Hofland & Tomsheck, and has committed to the representation of those charged with Crimes, focusing his practice on Drunk Driving/DUI/DWI defense.

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