Nevada Revised Statutes 484C.460 – When court is required to order installation of ignition interlock device; exceptions; installation and inspection; tolling of period for which ignition interlock device required
1. Except as otherwise provided in subsections 2 and 5, a court shall order a person to 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 to reinstate the driving privilege of the person:
Terms Used In Nevada Revised Statutes 484C.460
- Department: means the Department of Motor Vehicles. See Nevada Revised Statutes 481.015
- Director: means the Director of the Department. 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) For a period of 185 days if the person is convicted of a first violation within 7 years of NRS 484C.110.
(b) For a period of 1 year if the person is convicted of a second violation within 7 years of NRS 484C.110.
(c) For a period of 3 years if the person is convicted of:
(1) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410; or
(2) A violation of NRS 484C.130 or 484C.430.
2. A court may provide for an exception to the provisions of subsection 1 for a person who is convicted of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, if the court determines that:
(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.
3. If the court orders a person to install an ignition interlock device pursuant to subsection 1:
(a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that an ignition interlock device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted on the person’s ignition interlock privilege.
(b) The person who is required to install the ignition interlock device shall provide proof of compliance to the Department before the person may receive an ignition interlock privilege. Each model of an ignition interlock device installed pursuant to this section must have been certified by the Department of Public Safety.
4. A person who obtains an ignition interlock privilege pursuant to this section or NRS 483.490 shall have the ignition interlock device inspected, calibrated, monitored and maintained by the manufacturer of the ignition interlock device or its agent at least one time each 90 days during the period in which the person is required to use the ignition interlock device to determine whether the ignition interlock device is operating properly. Any inspection, calibration, monitoring or maintenance required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484C.480. The manufacturer or its agent shall submit a report to the Director of the Department of Public Safety indicating whether any of the incidents listed in subsection 1 of NRS 484C.470 have occurred and whether the ignition interlock device has been tampered with. Before the court imposes a penalty pursuant to subsection 3 of NRS 484C.470, the court shall afford any interested party an opportunity for a hearing after reasonable notice.
5. If a person is required to operate a motor vehicle in the course and scope of his or her employment and the motor vehicle is owned by the person’s employer, the person may operate that vehicle without the installation of an ignition interlock device, if:
(a) The employee notifies his or her employer that the employee has been issued an ignition interlock privilege; and
(b) The employee has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the motor vehicle. This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.
6. The running of the period during which a person is required to have an ignition interlock device installed pursuant to this section commences when the Department issues an ignition interlock privilege to the person and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation.