A breath interlock device is an instrument that records and prevents your car from starting if you have been consuming alcohol. In Nevada, a Judge has the discretion to impose a breath interlock device on a vehicle you own or drive for misdemeanor DUI offenses. A judge can impose this device for 6 to 12 months on misdemeanor offenses and you must bare the cost and ensure it is calibrated.
If you commit a felony DUI or your BAC was .18 or above, it is mandatory for you to have a breath interlock device on your vehicle for 12 to 36 months. The .18 requirement also applies to misdemeanors. So if you have been charged with a misdemeanor DUI and your BAC was .18 or above, then a breath interlock device is mandatory for 12- 36 months.
Breath interlock devices cause many headaches for people. They cost money, they can be used to show you are not following court orders if you blow and have alcohol in your system, and tampering with it can be an additional crime. Not following court orders or tampering can be grounds for additional charges and longer driver’s license suspensions. They are also dangerous, some require a rolling breath sample while your vehicle is on, which can be a dangerous distraction just like a cell phone. The DMV will also get notice of this requirement to ensure you have it installed.
This is why one should not take a DUI lightly and retain counsel to help mitigate any hardships or avoid mandatory sentencing requirements. Call our firm today for a free consultation at 702-895-9111.
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