If you have been convicted in Las Vegas because of drinking and driving, or as part of a plea bargain for driving while intoxicated, you may be ordered by the court to install an Ignition Interlock Device (IID) to your vehicle. It is also known as a Breath Alcohol Ignition Interlock Device (BAIID). With the help of Attorney Ross Goodman for your DUI defense, he can argue to prevent the installation of this device or reduce the duration the device is required to be installed.
Definition of device
The device tests a person breath to measure the concentration of alcohol in their mouth. If the device finds the person has more than 0.02 concentration of alcohol in their breath, it prevents the vehicle from starting. Some devices require the driver to take a breath test in regular intervals to continue driving.
Note that the vehicle will not shut down if already active and if the device has determined the breath alcohol unsatisfactory. If the vehicle shuts down, it becomes a potential hazard to the driver and other people in the road. Instead, the car may employ flashing lights and alarms to force the driver to make a stop and retake the test, and warn the police and other drivers.
When is the device ordered to be installed?
The device is permitted to be installed if the court is authorized to do so, mainly because of the violation of the following unlawful acts:
- Driving under the influence of liquor or controlled substance;
- Driving under the combined influence of intoxicating liquor and/or controlled substance;
- Vehicular manslaughter;
- Causing grievous injury and harm while driving;
- Have a concentration of 0.08 or more in their blood or breath;
- Is found by measurement within 2 hours after driving of being in actual physical control of a vehicle to have a concentration of 0.08.
The period the device is required to be in the vehicle differs from case to case. It can range from 3 to 36 months depending on the severity of the crime.
The installation of the device is usually at the owner’s expense and is required to be in the vehicle at all times. The device must be regularly maintained and checked by officials and the manufacturers.
Exceptions
There are some exceptions to the installation of the IID:
- If it would cause the person who owns or operates the vehicle to experience economic hardship and;
- They may be permitted to operate a motor vehicle during the course and scope of their employment if the vehicle is owned by their employer if:
- The employee notifies the employer that their driving privilege has been restricted; and
- The employee has proof that they have notified their employers, by notice or a facsimile copy.
- They may be permitted to operate a motor vehicle during the course and scope of their employment if the vehicle is owned by their employer if:
This exemption does not apply if the motor vehicle is owned by a business which is all or partly owned by the person subjected to this restriction.
- If the person requires the use of the vehicle to:
- Travel to and from work during their employment;
- Obtain medicine, food or other necessities or to obtain health care for another person;
- Transport the person or another member of the immediate family to or from school.
Penalties for tampering with the device
If ordered to install a device, they shall not operate a motor vehicle without a device or tamper with the device. Violating this will carry the following penalties:
- Revocation of driving privileges for 90 days to 3 years;
- Imprisonment for a minimum of 30 days, and maximum of 6 months; or
- Residential confinement not less than 60 days nor more than 6 months, with a minimum fine of $500 and not more than $1,000.
If punished, probation and suspension of the sentence will not be possible. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless, in the judgment of the attorney, the charge is not supported by probable cause or cannot be proved at trial.
With the help of a DUI lawyer, the device or even the guilty verdict of DUI can be prevented. Contact us now so that we can identify key points that can make a difference in your case.
References
- https://www.leg.state.nv.us/NRS/NRS-484C.html#NRS484CSec450
- http://www.leg.state.nv.us/NRS/NRS-484C.html#NRS484CSec460