After a DUI in Nevada, you must have an ignition interlock device (IID) installed in your car for you to continue driving while your driver’s license is revoked. IIDs are small breathalyzers that prevent your vehicle from starting if it detects alcohol on your breath.
This chart illustrates how long you must drive with an IID following a DUI in Nevada:
|
Nevada DUI Conviction |
IID Sentence |
| Misdemeanor DUI with a BAC less than 0.16% | 185 days |
| Misdemeanor DUI with a breath alcohol concentration / blood alcohol content (BAC) of 0.16% or higher | 12 to 36 months |
Felony DUI:
|
12 to 36 months |
Note that if you were accepted into DUI Court – a specialty court program that prioritizes rehabilitation over punishment – your IID requirements may be even longer.
Also note that if your driver’s license is suspended during your IID period – like for a speeding ticket or failure to pay child support – the clock pauses (“tolls”) on your IID requirement until your license is reinstated.
In this article, our Las Vegas DUI defense lawyers will address the following key issues regarding Nevada ignition interlock device (IID) laws:
- 1. What if I fail a test?
- 2. Penalties for Driving Without IIDs
- 3. Which Cars You Can Drive
- 4. Undue Hardship Exception
- 5. How IIDs Work
- 6. How do I get an IID?
- 7. How much does it cost?
- 8. License Reinstatement
- 9. DUI Penalties
- Frequently Asked Questions
- Additional Resources
1. What if I fail a test?
IIDs keep a log of all failed breath tests. At your next appointment with the IID-certified service provider, the technician will download the information and give it to the court.
How the Nevada court responds to failed tests depends on the specific case. If there is an innocent explanation — such as using mouthwash with alcohol — there may be no repercussions. Otherwise, the judge will likely increase the length of time you must use the IID.1
If the failed test occurs in the last four months of your IID sentence, the judge can increase this sentence by up to 50%: 2
Example: Jed is ordered to use an IID for 12 months. In month 10, Jed fails the IID test. Since he is within the last four months of the sentence, the judge can increase his IID sentence by six months — 50% of his original year-long sentence.
If the judge had ordered you to abstain from alcohol, then a failed test could result in you going to jail.
2. Penalties for Driving Without IIDs
Driving without an IID when required — or tampering with it — is a misdemeanor in Nevada. Although misdemeanors are usually probationable, driving without an IID carries mandatory jail. The penalty is either:
- 30 days to 6 months in jail; or
- 60 days to 6 months in home confinement and $500 to $1,000 in fines.
In addition, the Nevada Department of Motor Vehicles will revoke your license for three years. If you drive without an IID again, the Nevada DMV will revoke your license for five years.3
It is also a misdemeanor for anyone but you to blow in your IID. The penalty includes:
- up to 6 months in jail; and/or
- up to $1,000 in fines.4
3. Which Cars You Can Drive
If you are ordered to use IIDs in Nevada, you are required to install one in every car and motorcycle you drive, whether you own them or not. During this time, you may not drive any car without an IID, such as a rental car.
You may drive your employer’s company cars without an IID only if:
- there is written proof the employer was notified of your IID restriction; and
- that written proof is kept in the company car at all times; and
- the company car is not a commercial vehicle.
Written proof can be a court order with your employer’s signature. Alternatively, it could be a letter written by your employer stating their awareness of your IID restriction.5
4. Undue Hardship Exception
If you are convicted of a DUI-first in Nevada, you can potentially get out of the IID requirement by showing it causes you undue hardship. There are four possible grounds for undue hardship:
- you cannot provide a deep lung sample, and a physician confirms this in writing;
- you reside more than 100 miles from an IID manufacturer or agent;
- maintaining an IID would pose an economic hardship; or
- your car is necessary to travel for work or to obtain medicine, food, necessities, or health care for you or your immediate family.6
5. How IIDs Work
If the IID detects that your BAC reaches Nevada’s “lockout” threshhold of 0.02% or higher, the IID will disable the car from starting because you are presumably under the influence of alcohol.7
Once the car is running, the IID will conduct periodic rolling tests within the first 15 minutes of starting the car, and then again at 45-minute intervals.
When the IID asks for a rolling sample, you usually have six minutes to breathe into the device. If you do not pass the breath test or provide a sample in time, the car will not stop. Instead, the IID will register a fail in its log.
6. How do I get an IID?
Go to a certified service interlock provider that offers IIDs certified by the Nevada Committee on Testing for Intoxication. The court or DMV should provide a list of where you can go to get the IID.
Only employees at certified service providers may install, check, repair, and remove breath interlock devices. Once you get the IID, you must provide proof of ignition interlock device installation to the DMV.
Approved Interlock Providers in Nevada
- AlcoAlert Interlock, Inc.
- Alcohol Detection Systems – Determinator
- ALCOLOCK
- B.E.S.T. Labs Inc. – FR9000
- Draeger (RoadGuard) – Draeger Interlock or Draeger XT
- Guardian – Guardian AMS 2500
- Intoxalock
- LMG / Lifesafer
- Low Cost Interlock
- SkyFineUSA
- Smart Start – SSI 20/20
7. What are the costs?
It usually costs up to $170 to install and another $120 monthly to maintain each IID in Nevada. You are also responsible for the costs of repairing, calibrating, and removing the IID.
You must get your IIDs inspected by the manufacturer or its agent regularly. The frequency of these inspections depends on your DUI conviction, as the following table shows:8
|
Nevada DUI Conviction |
Frequency of IID inspection |
| Felony DUI | Every 90 days |
| Misdemeanor DUI with a BAC of 0.16% or higher | Every 90 days |
| Misdemeanor DUI with a BAC of less than 0.16% | Once |
8. License Reinstatement
Contact the Nevada DMV for the exact reinstatement requirements in your particular case. Expect to:
- appear at a DMV office in person,
- pay reinstatement fees, and
- show proof of SR-22 insurance (proof of financial responsibility).
In some cases, you may have to take a driving skills test.
9. DUI Penalties
The penalties for driving under the influence in Nevada grow harsher with each successive conviction, as the following table shows:
|
DUI Conviction |
Nevada Punishments |
| DUI 1st (in 7 years) | Misdemeanor:
|
| DUI 2nd (in 7 years) | Misdemeanor:
|
| DUI 3rd (in 7 years) | Category B felony:
|
Note that refusing to take an evidentiary chemical test will result in an immediate license revocation for at least one year.9
Frequently Asked Questions
What happens if I am caught driving without my required IID?
Driving a vehicle not equipped with a court-ordered ignition interlock device is a serious misdemeanor in Nevada.
Under NRS 484C.470, if you are caught driving a car without a device—or if you are caught tampering with or bypassing one—the law requires a mandatory minimum of 30 days in jail or 60 days of residential confinement (home monitoring).
This 30-day jail sentence is generally “non-suspendable,” meaning a judge cannot swap it for a simple fine or community service.
Can my IID requirement be extended if I fail a breath test?
Yes. The court and the DMV monitor your IID logs closely.
If the device records a “failure” (a BAC of .02% or higher) or if you miss a “rolling retest” during the final four months of your required period, the judge has the statutory authority to extend your IID requirement by up to 50%.
For example, a six-month requirement could be increased to nine months simply because of a violation near the end of your term.
Does the IID “clock” keep running if my license is suspended for another reason?
No. This is known as the “tolling” provision of NRS 484C.460.
The time required for your IID only counts while you actually possess a valid restricted driver’s license. If your driving privilege is suspended for an unrelated issue—such as unpaid child support, a separate traffic ticket, or a failure to appear in court—the IID clock “pauses” (tolls). It only resumes once your license is officially reinstated and valid again.
How often do “rolling retests” happen while I am driving?
Once you start your car, the IID will require periodic breath samples to ensure no alcohol was consumed after the engine was turned on.
In Nevada, the first “rolling retest” typically occurs within the first 15 minutes of driving. Subsequent tests occur at random intervals, usually every 45 minutes.
If you fail to provide a sample during these windows, the device will log a “missed test,” and your car’s horn may honk or lights may flash until the engine is turned off.
Is getting an IID the same as a restricted license?
No. If you get a DUI, you can usually drive anywhere as long a you have an IID installed in your cars.
In non-DUI cases – such as when your driver’s license is revoked due to too many demerit points – you have the option to apply for a restricted license halfway through your revocation period. If you are granted a restricted license, your driving is typically limited to specific “necessary” destinations, such as:
- your place of employment;
- grocery stores to obtain food and medicine;
- medical appointments for yourself or your family; and
- transporting your children to and from school.
Additional Resources
For more information, refer to the following;
- Nevada Approved Ignition Interlock Devices – List compiled by Nevada’s Office of Traffic Safety (OTS).
- Ignition Interlock Devices in DUI Cases – Informational notice supplied to DUI defendants in Nevada.
- Nevada Revised Statute 484C – Nevada laws re. DUI, including IIDs.
Legal References
- NRS 484C.470. See also NRS 484C.460; NRS 483.460; NRS 483.464; Katherine Jarvis, New Nevada law requiring breathalyzer device for DUI offenders takes effect, KTNV-13 (October 3, 2018). See, for example, Silva v. State (2016) 403 P.3d 378.
- NRS 484C.470.
- NRS 483.460; NRS 484C.470.
- NRS 484C.475. See, for example, Chamberlain v. State (Court of Appeals of Nevada, 2022) 514 P.3d 468.
- NRS 484C.460.
- Same.
- NRS 484C.450.
- NRS 484C.460.
- NRS 484C.400. NRS 484C.150. NRS 484C.160.
