2023 Nevada Revised Statutes › Chapter 484C - Driving Under the Influence of Alcohol or a Prohibited Substance › NRS 484C.210 - Revocation of license, permit or privilege to drive when person fails to submit to evidentiary test or when test shows concentration of alcohol of 0.08 or more in blood or breath or detectable amount of controlled or prohibited substance in blood or urine; installation of ignition interlock device in motor vehicle; issuance of restricted license in lieu of ignition interlock device under certain circumstances; cancellation of revocation; periods of ineligibility to run consecutively. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.] 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 controlled or prohibited substance in blood or urine; installation of ignition interlock device in motor vehicle; issuance of restricted license in lieu of ignition interlock device under certain circumstances; cancellation of revocation; periods of ineligibility to run consecutively. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

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:
(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(b) Three years, if the license, permit or privilege to drive of the person has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test.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.
(Added to NRS by 1983, 1066; A 1995, 1884, 1919; 1999, 2455; 2003, 1158, 2561; 2015, 2538; 2017, 4044; 2019, 3880; 2021, 2454)—(Substituted in revision for NRS 484.384)
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:
(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 0.10 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 0.10 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.
(Added to NRS by 1983, 1066; A 1995, 1884, 1919; 1999, 2455; 2003, 1158, 2561; 2015, 2538; 2017, 4044; 2019, 3880; 2021, 2454, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State)—(Substituted in revision for NRS 484.384)