Nevada Underage DUI Laws for Minors
Under 21 (NRS 484C.350)
Las Vegas DUI Defense Attorneys
It's illegal for minors under 21 years of age to drive in Nevada with a BAC of .02 or higher. Doing so subjects them to criminal prosecution, a drivers license suspension, and possibly even getting suspended from school.
But we're here to help. Our Las Vegas DUI defense lawyers have decades of experience helping underage drivers fight their drunk driving cases so as to minimize the penalties and long-term fallout.
Definition (NRS 484C.350)
The legal definition of "DUI under 21" in Las Vegas is that it's a crime for a person younger than twenty-one years old to have been drinking or taking drugs and "to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access."
Certainly, no one of any age is ever allowed to drive drunk or intoxicated in Las Vegas. But adults are permitted to have more alcohol in their system than minors are while they're behind the wheel:
Zero Tolerance & The .02 BAC Legal Standard
Adults may operate a car with a blood alcohol content (BAC) of less than .08 as long as they're not under the influence. However, it's automatically illegal for anyone under the age of 21 to drive with a BAC that exceeds .02-whether they're actually under the influence or not.
This double standard is part of Nevada's "zero tolerance" policy for minors less than 21 years old. In an effort to promote highway safety as well as to punish underage drinking, the NHP or local police will arrest any minor under twenty-one for DUI for having a BAC of at least .02 irrespective of how they're driving.
Defenses
Being arrested for underage DUI laws in Nevada can be intimidating. But remember: being accused does not guarantee a conviction . . . the prosecutor must overcome a very high standard of proof in order to prevail.
Typical defenses that Las Vegas DUI lawyers use in underage drunk driving cases include:
- Lack of probable cause for the traffic stop. If the police pulled over the driver without legal justification, that usually means we can get the whole case thrown out of court.
- Faulty breath test equipment. If the breathalyzer was not maintained or calibrated properly, the breath test evidence could get excluded.or at least rendered unreliable.
- The driver had not been drinking or taking drugs. If the driver had just rinsed with Listerine for example, she might register as having a noticeable BAC even though she didn't consume any alcohol.
- The driver did not begin drinking or taking drugs until after he/she stopped driving the car. If the prosecutor can't prove that the driving was under the influence of drugs or alcohol, this charge should be dismissed.
Penalties (NRS 484C.350; NRS 483.461)
The punishment for "DUI under 21" in Las Vegas, Nevada, is largely the same as it is for adults. But there are two exceptions:
- Underage offenders also have to submit to an alcohol & drug evaluation to determine whether they have a substance abuse problem, and it costs about $100.
- Underage offenders will have their drivers licenses suspended for at least ninety days even if their BAC was below .08.
Otherwise, minors face standard DUI penalties, which include:
- Nevada DUI School,
- a MADD victim impact panel,
- fines,
- 2 days to six months in juvenile hall or jail (that's usually suspended and/or converted to community service),
- a 7-year waiting period before they may seal their Nevada criminal record
Penalties get exponentially harsher for each successive conviction, and Nevada DUI causing serious injury or death is charged as a felony and mandates prison time and heavy fines. For a complete discussion, refer to our page on Las Vegas NV DUI penalties.
Non-legal penalties
It's worth noting that some schools and universities impose their own penalties for students and prospective students who get DUI convictions. These sanctions may include expulsion, suspension or disqualification from applying in the first place.
This is yet another reason why drivers under 21 who get arrested for DUI in Nevada are strongly encouraged to retain private counsel to try to get their charges dismissed or reduced so their schools can't penalize them for it.
Plea bargain
If a minor faces DUI charges and the prosecutors refuse to dismiss the case completely, the defense attorney may be able to convince them instead to reduce the charge to Reckless Driving in Nevada. Reckless driving in Nevada has less of a stigma than drunk driving and can be sealed from their criminal record after only two years as opposed to seven.
Calls us if you're facing DUI charges . . .
If you or your child has been charged with DUI under 21 in Nevada, call our Las Vegas DUI defense attorneys at 702-DEFENSE (702-333-3673) for a free phone consultation. We'll do everything to fight the charge and get penalties minimized.
For California DUI under 21 laws, go to our article on California DUI under 21 laws.
