NRS 484C.470
Extension of order to install device

  • penalties for tampering with or driving without device
  • probation and suspension of sentence prohibited
  • plea bargaining restricted.

1.

The court may extend the order of a person who is required to install a device pursuant to NRS 484C.210 or 484C.460, not to exceed one-half of the period during which the person is required to have a device installed, if the court receives from the Director of the Department of Public Safety or the manufacturer of the device or its agent a report that 4 consecutive months prior to the date of release any of the following incidents occurred:

(a)

Any attempt by the person to start the vehicle with a concentration of alcohol of 0.04 or more in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.04 and the digital image confirms the same person provided both samples;

(b)

Failure of the person to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the person at the time of the missed test;

(c)

Failure of the person to pass any random retest with a concentration of alcohol of 0.025 or lower in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.025, and the digital image confirms the same person provided both samples;

(d)

Failure of the person to have the device inspected, calibrated, monitored and maintained by the manufacturer or its agent pursuant to subsection 4 of NRS 484C.460; or

(e)

Any attempt by the person to operate a motor vehicle without a device or tamper with the device.

2.

A person required to install a device pursuant to NRS 484C.210 or 484C.460 shall not operate a motor vehicle without a device or tamper with the device.

3.

A person who violates any provision of subsection 2:

(a)

Must have his or her driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460; and

(b)

Shall be:

(1)

Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or

(2)

Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.
Ê No person who is punished pursuant to this section may be granted probation, and no sentence imposed for such a violation may be suspended. 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.

Source: Section 484C.470 — Extension of order to install device; penalties for tampering with or driving without device; probation and suspension of sentence prohibited; plea bargaining restricted., https://www.­leg.­state.­nv.­us/NRS/NRS-484C.­html#NRS484CSec470.

Last Updated

Feb. 5, 2021

§ 484C.470’s source at nv​.us