DUI while transporting a child under 15 in Nevada

Updated

In Nevada DUI cases, having a child 14 or younger in the vehicle is an aggravating factor. This means judges may impose penalties on the higher end of the sentencing range.

Normally, judges grant a suspended sentence for first-time DUI convictions. But if the defendant was transporting a minor under 15 years old at the time, the defendant is more likely to serve some jail. 

Below our Las Vegas criminal defense attorneys explain the penalties for Nevada DUI crimes and how driving a juvenile 14 or younger could heighten the sentence:

woman driving with child in back
Transporting a minor 14 or younger is an aggravating factor in Nevada DUI cases.

1. What are Nevada's DUI-1st penalties with a child under 15?

DUI first (NRS 484C.400(1)(a)) is a misdemeanor in Nevada. The punishments are:

  • 2 days to 6 months in jail or 24 hours to 96 hours of community service (often, the court imposes a 6-month suspended jail sentence where the defendant does no jail as long as he/she completes the other sentencing terms);
  • An alcohol awareness online class (DUI School) that the defendant pays for;
  • Attendance at a "victim impact panel" such as MADD that the defendant pays for;
  • Fines of up to $1,000 and administrative/court costs;
  • A $100 alcohol/drug dependency evaluation for defendants under 21 or with a blood alcohol content (BAC) of 0.18% or higher;
  • An alcohol or drug abuse treatment program for defendants with a BAC of 0.18% or higher;
  • A breath interlock device installed in all the defendant's vehicles for at least 185 days;
  • An order to avoid further arrests or citations (other than minor speeding tickets) while the case is open; and
  • The Nevada DMV suspends the driver's license for 185 days and charges a $35 civil penalty fee (but it may be possible to get a restricted license immediately with a breath interlock device)

If a child younger than 15 was in the car, DUI-1st defendants are more likely to receive some jail time. 

2. What are Nevada's DUI-2nd penalties with a child under 15?

DUI second (NRS 484C.400(1)(b)) is a misdemeanor in Nevada. The punishments are:

  • 10 days to 6 months in jail or residential confinement;
  • Attendance at a "victim impact panel";
  • Fines of up to $1,000 and administrative/court costs;
  • A $100 alcohol/drug dependency evaluation;
  • A lengthy alcohol or drug abuse treatment program;
  • A breath interlock device installed in all the defendant's vehicles for at least 185 days;
  • An order to avoid further arrests or citations (other than minor speeding tickets) while the case is open; and
  • The Nevada DMV suspends the driver's license for 1 year, suspends registration for 5 days, and charges a $35 civil penalty fee

If a child younger than 15 was in the car, DUI-2nd defendants are likely to receive more than the minimum 10 days in jail.

(Some defendants may be eligible for Misdemeanor DUI Court, and intensive rehabilitation program. At the end, the DUI charge gets reduced.)

3. What are Nevada's DUI-3rd penalties with a child under 15?

DUI third (NRS 484C.400(1)(c)) is a category B felony in Nevada. The punishments are:

  • 1 - 6 years in Nevada State Prison (though the defendant will be segregated from violent offenders and in a minimum-security facility);
  • $2,000 - $5,000 in fines;
  • Attendance at a "victim impact panel";
  • An alcohol & drug evaluation;
  • A lengthy alcohol or drug abuse treatment program
  • A breath interlock device on the defendant's car for 12 months to 36 months after release from prison;
  • An order to avoid further arrests or citations (other than minor speeding tickets) while the case is open; and
  • The Nevada DMV suspends the driver's license for 3 years, suspends registration for 5 days, and charges a $35 civil penalty fee (it may be possible to get a restricted license after 1 year)

If a child younger than 15 was in the car, DUI-3rd defendants are more likely to receive a prison term on the higher end.

(Some defendants may be eligible for Felony DUI Court, an intensive rehabilitation program. At the end, the felony charge gets reduced to a misdemeanor DUI-2nd.)

4. What are Nevada's "DUI causing injury or death" penalties with a child under 15?

DUI causing injury or death (NRS 484C.430) is a category B felony in Nevada. The punishments are:

  • 2 to 20 years in prison;
  • $2,000 - $5,000 in fines;
  • Attendance at a "victim impact panel";
  • A breath interlock device on the defendant's car for 12 months to 36 months after release from prison; and
  • 3-year driver's license suspension

If a child younger than 15 was in the car, felony DUI defendants are more likely to receive a prison term on the higher end.

5. What are Nevada's vehicular homicide penalties with a child under 15?

Vehicular homicide (NRS 484C.440) is a category A felony in Nevada. (Vehicular homicide is a fatal DUI following three prior DUI convictions.) The punishments are:

  • 25 years in prison or a life sentence, with the possibility of parole after 10 years;
  • Attendance at a "victim impact panel";
  • A breath interlock device on the defendant's car for 12 months to 36 months after release from prison; and
  • 3-year driver's license suspension

If a child younger than 15 was in the car, vehicular homicide defendants are more likely to receive a life sentence.

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Arrested for DUI in Nevada? Call us...

Charged with driving under the influence of drugs or alcohol? Contact our Las Vegas DUI attorneys.

Call 702-DEFENSE (702-333-3673). Or fill out the form on this page.

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Our goal is to investigate, negotiate, and litigate the case until we achieve the best available resolution. We may be able to get the charges lessened or dropped completely without a trial.

In California? Read our article on DUI with child under 14 (Vehicle Code 23572 VC).

In Colorado? Read our article on DUI with child under 16 (CRS 18-6-401).

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