In Nevada DUI cases, having a child under 15 in the vehicle is an aggravating factor that may lead to jail time, even for first-offense DUI convictions. DUI with a minor 14 or younger can also lead to felony child endangerment charges.
Below, our Las Vegas DUI attorneys explain the penalties for Nevada DUI crimes and how driving a juvenile 14 or younger could heighten the sentence. Click on a topic below to jump to that section.
Transporting a minor 14 years of age or younger is an aggravating factor in Nevada DUI cases
1. Penalties
A first-time DUI while transporting a child under 15 is a misdemeanor in Nevada. The judge can impose up to six months of jail time.
When there is no child in the car, judges typically grant a six-month suspended jail sentence. This means you would not do any jail unless you fail to complete the other terms of your sentence.
Other DUI-first punishments are:
- An alcohol awareness online class (DUI School) that you pay for;
- Attendance at a “victim impact panel” such as MADD that you pay for;
- Fines of up to $1,000 and administrative/court costs;
- A $100 alcohol/drug dependency evaluation if you were under 21 or had a blood alcohol content (BAC) of 0.18% or higher;
- An alcohol or drug abuse treatment program if you had a BAC of 0.18% or higher;
- A breath interlock device installed in all of your 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 your license for 185 days and charges a $35 civil penalty fee (but it may be possible to get a restricted license immediately with an ignition interlock device)1
Also, learn about possible penalties for a DUI second, DUI third (a felony offense), DUI causing injury or death (NRS 484C.430), and vehicular homicide (NRS 484C.440).
2. Child Endangerment
If you are arrested for DUI while transporting a child, you could also face charges of child endangerment (NRS 200.508), which is a form of child abuse. Prosecutors can press one charge for each child in the vehicle.
Penalties turn on whether the child suffered any harm and whether you have prior NRS 200.508 convictions, as the following table shows:
| Child Endangerment | Penalties under Nevada Law |
| The child suffered substantial bodily harm or mental harm | Category B felony: 2 to 20 years in prison. |
| The child suffered no harm, but the endangerment was willful | Category B felony: 1 to 6 years in prison if you had no prior NRS 200.508 convictions. Otherwise, 2 to 15 years in prison. |
| The child suffered no harm, and the endangerment was not willful | Gross misdemeanor if you had no previous NRS 200.508 convictions: Up to $2,000 in fines and/or 364 days in jail. Category C felony if you had a previous NRS 200.508 conviction: 1 to 5 years in prison and up to $10,000 in fines.2 |
3. Defenses
The best way to fight criminal charges of drunk/drugged driving with a child is to raise a reasonable doubt that you were under the influence of alcohol or drugs. Five potential defenses that criminal defense attorneys use are:
- The police did not administer the field sobriety tests correctly.
- The police failed to observe you for 15 minutes prior to administering the breathalyzer.
- The breathalyzer had not been calibrated recently.
- The blood test samples were contaminated.
- You had a medical condition (such as GERD) that caused inaccurate breath test results.
The entire charge should be dropped if the district attorney cannot prove that you committed DUI.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Child passengers killed in reckless and alcohol-related motor vehicle crashes – Journal of Safety Research.
- Characteristics of Child Passenger Deaths and Injuries Involving Drinking Drivers, JAMA.
- Motor Vehicle Crashes Associated with Alcohol: Child Passenger Injury and Restraint Use – American Journal of Preventive Medicine.
- Transporting Young Passengers While Impaired: The State of the Law – Health Behavior and Policy Review.
- Child Passenger Deaths Involving Alcohol-Impaired Drivers – Pediatrics.
Legal References
- NRS 484C.400. See also Koenig v. State (1983) 99 Nev. 780, 672 P.2d 37.
- NRS 200.508; see also Childers v. State (1984) 100 Nev. 280, 680 P.2d 598.