How a Breath Ignition Interlock Device Works in Nevada, When It’s Required, and How Attorney Josh Tomsheck Can Help Defend a DUI Charge

Driving under the influence (DUI) is a serious offense in Nevada, and the state has enacted strict laws to combat impaired driving. One significant consequence of a DUI conviction is the potential requirement to install a breath ignition interlock device (IID) in the offender’s vehicle. This device prevents the vehicle from starting unless the driver passes a breath alcohol test, ensuring that those convicted of DUI cannot drive while under the influence.

In this blog post, we’ll explore how an IID works, when it’s required under Nevada law, the associated penalties for non-compliance, and how attorney Josh Tomsheck can help defend against DUI charges to avoid the severe consequences, including the installation of an IID.

What Is a Breath Ignition Interlock Device?

A breath ignition interlock device (IID) is a small, electronic device installed in a vehicle that prevents it from starting if the driver’s breath alcohol content (BrAC) exceeds a pre-set limit. The device is connected to the vehicle’s ignition system and requires the driver to blow into the device before the engine can be started. If the BrAC is over the pre-set limit—typically 0.02% in Nevada, the vehicle will not start.

The IID system also requires the driver to take “rolling retests” at random intervals while the vehicle is in motion. These additional breath tests ensure that the driver doesn’t consume alcohol after starting the vehicle. If the driver fails a retest or refuses to take it, the device logs the failure, which may result in further legal consequences or extend the period the IID is required.

How Does the IID Work?

Here’s how a breath ignition interlock device works:

Initial Test: The driver blows into the IID before starting the car. The device measures the BrAC level. If the BrAC is below the set threshold (typically 0.02%), the vehicle will start. If it’s higher, the vehicle remains locked, and the driver cannot operate it.
Rolling Retests: Once the vehicle is in motion, the IID will require the driver to take rolling retests at random times. This prevents the driver from starting the car while sober but drinking after the car is already running. If the driver fails a retest, the IID will log the failure and may trigger an alarm to notify the driver to pull over.
Data Logging: The IID records all data, including breath test results, missed tests, or any attempts to tamper with the device. This information is sent to the Nevada DMV or the court overseeing the case.
Consequences of Failing or Refusing a Test: Failing or refusing a test will not stop the car while in motion (for safety reasons), but the failure is recorded. This could result in penalties such as extending the IID period, fines, or revocation of restricted driving privileges.

When Is a Breath Ignition Interlock Device Required in Nevada?

Nevada law mandates the installation of a breath ignition interlock device under certain circumstances, especially for repeat DUI offenders or first-time offenders with high blood alcohol content (BAC). The requirement is set out in NRS 484C.400.

1. First-Time DUI with High BAC (Above 0.18%)

If you are convicted of a first-time DUI and your BAC is 0.18% or higher, Nevada law requires the installation of an IID in your vehicle. The court typically mandates that the device be installed for a period ranging from 12 to 36 months.

2. Second DUI Offense

For individuals convicted of a second DUI offense within seven years of the first, Nevada law requires an IID to be installed for at least 12 months. Repeat offenders face harsher penalties overall, and the IID is a critical component of preventing further impaired driving incidents.

3. Third DUI Offense (Felony DUI)

A third DUI offense within seven years is considered a Category B Felony in Nevada. Along with a potential prison sentence and fines, the offender must install an IID once they regain driving privileges. The IID period is generally longer for felony DUI convictions, with some individuals required to use the device for several years.

4. First-Time DUI (Lower BAC)

While the IID requirement is primarily enforced for first-time offenders with a BAC above 0.18% or repeat offenders, the court has discretion to impose an IID even for first-time DUI offenders with a lower BAC as part of a plea deal or to obtain a restricted driving permit.

5. Restricted Driver’s License

In some cases, individuals convicted of DUI in Nevada may apply for a restricted driver’s license during their suspension period. To obtain this license, the court may require the installation of an IID. The restricted license allows the individual to drive to essential places such as work or medical appointments, but only if they comply with the IID requirements.

Costs Associated with an IID

The costs of installing and maintaining a breath ignition interlock device are borne by the offender. These costs typically include:

Installation Fees: The initial installation of the IID generally costs between $70 and $150.
Monthly Maintenance and Monitoring Fees: Ongoing maintenance fees range from $60 to $90 per month, depending on the service provider.
Calibration Fees: The device must be regularly calibrated to ensure it functions correctly, and there are fees associated with each calibration.

Penalties for Violating IID Requirements

Violating the requirements of an IID order can result in additional legal penalties, including:

Extension of the IID Requirement: If you fail or refuse breath tests or attempt to tamper with the IID, the court may extend the period you are required to use the device.
License Revocation: Failing to comply with the IID order could result in the suspension or revocation of restricted driving privileges.
Violation of Court Order/Contempt hearings: The Court can revoke bail and place you back in custody until your case is concluded and sentence rendered.
Criminal Charges: Tampering with or attempting to bypass the IID is a criminal offense in Nevada, and additional charges could be filed against you.

How Attorney Josh Tomsheck Can Help Defend a DUI Charge

Facing DUI charges in Nevada is a serious matter, especially with the possibility of having an IID installed as part of the penalties. However, a skilled DUI defense attorney like Josh Tomsheck can provide critical legal assistance to challenge the charges and avoid the most severe consequences.

Challenging the DUI Evidence
- Josh Tomsheck can thoroughly review the circumstances of your DUI arrest, including the legality of the traffic stop, the administration of the breath or blood test, and any procedural errors by law enforcement. If there were mistakes made during the process, Josh can file motions to suppress the evidence, potentially leading to reduced charges or case dismissal.
Negotiating a Plea Deal
- In cases where the evidence against you is strong, Josh can work to negotiate a plea deal with the prosecution. This could involve reducing the DUI charge to a lesser offense, such as reckless driving, which may allow you to avoid the installation of an IID or reduce the penalties you face.
Reducing the IID Requirement
- If the court imposes an IID as part of your DUI penalty, Josh Tomsheck can work to minimize the length of time you are required to have the device installed. By emphasizing mitigating factors such as your clean driving record or efforts to seek alcohol treatment, Josh can advocate for a shorter IID period or alternative penalties.
Helping You Understand and Comply with IID Requirements
- If an IID is part of your penalty, Josh can guide you through the process of installing and maintaining the device, ensuring that you comply with all legal requirements and avoid additional penalties.
Fighting your administrative revocation with a hearing before the Nevada DMV.
- If you are a Nevada licensed driver and are arrested for a DUI, the Nevada DMV will likely move to revoke your driving privileges. Mr. Tomsheck can fight that revocation with a hearing before the DMV administrative law judge. Many times, we are able to keep our clients driving without the need for an IID.

Why Choose Josh Tomsheck for DUI Defense?

Josh Tomsheck is a Nationally Board-Certified Criminal Trial Specialist with extensive experience defending clients facing DUI charges in Nevada. He understands the complexities of DUI law and the serious consequences of a conviction, including the requirement to install a breath ignition interlock device.

Josh is dedicated to providing personalized legal representation to protect your rights, minimize penalties, and help you navigate the legal system. Whether it’s challenging the evidence or negotiating a reduced sentence, Josh Tomsheck is committed to securing the best possible outcome for your case.

Contact Josh Tomsheck Today for Expert DUI Defense

If you’ve been charged with DUI in Nevada and are concerned about the potential penalties, including the installation of a breath ignition interlock device, don’t wait to seek legal help. Contact attorney Josh Tomsheck at (702) 895-6760 today for a consultation, and let him help you defend your case and protect your driving privileges