Nevada Revised Statutes 484C.210 v2 – Revocation of license, permit or privilege to drive when person fails to submit to evidentiary test or when test shows concentration of alcohol of 0.10 or more in blood or breath or detectable amount of controlle…
1. If a person fails to submit to an evidentiary test as requested by a police officer pursuant to NRS 484C.160, the license, permit or privilege to drive of the person must be revoked as provided in NRS 484C.220, and the person is not eligible for a license, permit or privilege to drive for a period of:
Terms Used In Nevada Revised Statutes 484C.210 v2
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
- Department: means the Department of Motor Vehicles. See Nevada Revised Statutes 481.015
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
(a) One year; or
(b) Three years, if the license, permit or privilege to drive of the person has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test.
2. If the result of a test given under NRS 484C.150 or 484C.160 shows that a person had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080, at the time of the test, the license, permit or privilege of the person to drive must be revoked as provided in NRS 484C.220 and the person is not eligible for a license, permit or privilege for a period of 185 days.
3. At any time while a person is not eligible for a license, permit or privilege to drive following a revocation under subsection 1 or 2, the person shall install, at his or her own expense, an ignition interlock device in any motor vehicle which the person operates as a condition to obtaining an ignition interlock privilege pursuant to NRS 483.490.
4. The Department may provide for an exception to the requirements of subsection 3 and issue a restricted license pursuant to subsection 1 of NRS 483.490 if the Department determines that the person is not a repeat intoxicated driver, as that term is defined in 23 C.F.R. § 1275.3(k), and:
(a) The person is unable to provide a deep lung breath sample for analysis by an ignition interlock device, as certified in writing by a physician or an advanced practice registered nurse of the person; or
(b) The person resides more than 100 miles from a manufacturer of an ignition interlock device or its agent.
5. If a revocation of a person’s license, permit or privilege to drive under NRS 62E.640 or 483.460 follows a revocation under subsection 2 which was based on the person having a concentration of alcohol of 0.08 or more in his or her blood or breath, the Department shall cancel the revocation under that subsection and give the person credit for any period during which the person was not eligible for a license, permit or privilege.
6. If an order to install an ignition interlock device pursuant to NRS 62E.640 or 484C.460 follows the installation of an ignition interlock device pursuant to subsection 3, the court shall give the person day-for-day credit for any period during which the person can provide proof satisfactory to the court that he or she had an ignition interlock device installed as a condition to obtaining an ignition interlock privilege.
7. Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.