What happens when a minor under 21 gets a Nevada DUI?

If you are under 21 in Nevada, you commit DUI by driving with a blood alcohol content (BAC) of 0.02% or higher. This is a stricter standard than for drivers 21 and older, who commit DUI by driving with a BAC of 0.08% or higher.

You can also be convicted of DUI with a “lawful” BAC as long as you are under the influence of alcohol. However, it is rare for people with a low BAC to display signs of impairment.

In this article, our Las Vegas DUI lawyers will address the following key issues regarding underage DUI in Nevada:

• 1. Elements of NRS 484C.350
• 2. Criminal vs. Juvenile Court
• 3. Penalties
• 4. Driver’s License
• 5. Defenses
• 6. Record Seals
• Frequently-Asked-Questions
• Additional Resources

1. Elements of NRS 484C.350

For you to be convicted of underage DUI in Nevada, prosecutors must prove beyond a reasonable doubt the following two elements:

1. You were under 21 years old when you were driving, and
2. Your BAC was at least 0.02%.

This low BAC limit reflects Nevada’s “zero tolerance” policy for underage drinking and driving. Driving with a BAC of 0.02% or higher is per se unlawful even if you are sober.¹

This is in contrast to the more lenient DUI policy for drivers 21 and over. As long as drivers 21 and older are not impaired by alcohol, they may drive with a BAC of lower than 0.08%, which is four times the limit for younger drivers.²

This “zero tolerance” double standard is meant to deter young drivers from taking the wheel even if they had just a few sips of alcohol. After all, it is unlawful for people under 21 to drink at all whether or not they are not driving.³

2. Criminal v. Juvenile Court

Whether your underage DUI case is prosecuted in Nevada criminal court or juvenile court depends on:

1. If you are at least 18, and
2. If the DUI is a misdemeanor or a felony.

If you are 18, 19, or 20, your DUI case is always handled in criminal court. It does not matter whether it is for a misdemeanor or a felony.⁴

If you are under 18 and arrested for a misdemeanor DUI, your case is always handled in juvenile court.⁵

Finally, if you are under 18 and arrested for a felony DUI, your case starts in juvenile court. However, the prosecutor can ask the judge to “certify” you as an adult and transfer the case to criminal court. The judge can grant or deny this request.⁶

3. Penalties

The penalties for underage DUI in Nevada turn on whether your case is in juvenile court or criminal court, as discussed below.

Juvenile Court

If you get adjudicated delinquent in juvenile court on a first-time DUI in Nevada, the sentence typically includes:

• An alcohol and drug evaluation (that usually costs $100);⁷
• Educational classes on the dangers of DUI;
• Community service and/or fines;
• An order to avoid any further arrests or citations other than minor traffic offenses; and
• A suspended juvenile hall sentence that will not be imposed as long as you complete the other sentencing terms.⁸

Criminal Court

If you are convicted in Nevada criminal court of an underage DUI, you must submit to an alcohol and drug evaluation. Otherwise, you face the same penalties as defendants 21 and older do.

The standard “mandatory minimum” penalties for a first-time misdemeanor DUI conviction include:

• $400 to $1,000 in fines;
• DUI School;
• A MADD victim impact panel;
• An order to avoid any further arrests or citations other than minor traffic offenses;
• A six-month suspended jail sentence, which means you will do no more jail time as long as you complete the above sentencing terms.

Second-time DUI cases result in harsher penalties, including 10 days of mandatory jail time. Meanwhile, it is an automatic felony carrying prison to get a DUI 3rd or a DUI causing serious injury or death. For a complete discussion, refer to our page on Nevada DUI penalties.⁹

Depending on the evidence in the case, we may be able to persuade the D.A. to reduce your DUI charge down to reckless driving.¹⁰ Though if the D.A. does not agree to a good plea bargain, we can certainly explore going to trial.¹¹

Additional Consequences

Some schools and universities impose their own punishments for students and prospective students who get drunk driving convictions. These sanctions may include expulsion, suspension or disqualification from applying in the first place.¹²

Additionally, car insurance companies tend to be very harsh on underage drivers who pick up DUIs. They may increase the premium rates or even cancel the policy.

Therefore, drivers under 21 who get arrested for intoxicated driving in Nevada are strongly encouraged to retain private counsel to try to get their charges dismissed or reduced.

4. Driver’s License

If you are arrested in Nevada for underage DUI with a BAC of 0.02% to under 0.08%, your driver’s license will be suspended for 90 days.¹³

If your BAC was 0.08% or higher, you face the same DMV penalties as drivers 21 and older do, as the following table shows.¹⁴

DUI Offense	Length of Driver’s License Revocation
1st DUI (within 7 years)	185 days
2nd DUI (within 7 years of the first)	1 year
3rd DUI (within 7 years of the first)	3 years

However, you may be able to continue driving with an ignition interlock device in your vehicle. Furthermore, you need to maintain SR-22 insurance for three years to reinstate and keep your driver’s license.

You can contest your driver’s license suspension or revocation at a DMV administrative hearing. Though even if you win, your license will still be suspended if you are ultimately convicted of DUI in your juvenile or criminal case.¹⁵

5. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with driving under the influence of alcohol or drugs, including for underage drivers. In our experience, the following eight DUI defenses have proven very effective with judges and prosecutors.

1. The police lacked reasonable suspicion to pull you over for the traffic stop.
2. The police lacked probable cause to arrest you.
3. The breath test equipment was not maintained or calibrated properly.
4. The blood test sample was contaminated.
5. You had not been drinking, and your BAC level was due to recently swishing with Listerine, for example.
6. You did not begin drinking until after you stopped operating the vehicle.
7. You suffered from a medical condition that caused a high BAC, such as GERD, acid reflux, heartburn, diabetes, hypoglycemia, auto-brewery syndrome, or rising blood alcohol.
8. The police did not administer the field sobriety tests in accordance with National Highway Transportation Safety Administration (NHTSA) regulations. (These tests include the horizontal gaze nystagmus test, one leg stand test, and walk and turn test).

When defending against drunk or drugged driving allegations, we conduct a thorough examination of all the evidence. Plus we conduct a thorough investigation to uncover any evidence the police missed.

Typically we rely on eyewitnesses, surveillance video, medical records, the police report, and expert testimony in an effort to get a DUI charge reduced or dismissed.¹⁶

6. Record Seals

If and when you can get a DUI record seal in Nevada depends whether the case was in juvenile court or criminal court.

Juvenile Court

In Nevada, juvenile DUI records are automatically sealed when you turn 21 years old.¹⁷ You can petition to seal the case earlier, but you have to wait three years after the case closes.¹⁸

Learn more about juvenile record seals.

Criminal Court

In Nevada, felony DUI convictions can never be sealed. For misdemeanor DUI convictions, you can petition the court for a record seal seven years after the case ends.

If your case gets reduced to a misdemeanor reckless driving, the wait time to seal is only one year after the case ends. If your case gets dismissed, you can petition for a record seal immediately.¹⁹

Learn more about criminal record seals.

Frequently-Asked-Questions

What is the blood alcohol limit for drivers under 21 in Nevada?

In Nevada, drivers under 21 commit DUI with a blood alcohol content (BAC) of 0.02% or higher, compared to 0.08% for drivers 21 and older. This reflects Nevada’s “zero tolerance” policy for underage drinking and driving.

Where will my underage DUI case be handled – juvenile or criminal court?

If you are 18 to 20 years old, your case will always be handled in criminal court. If you are under 18, misdemeanor DUIs go to juvenile court. For felony DUIs under 18, cases start in juvenile court but may be transferred to criminal court if the prosecutor requests it.

How long will my license be suspended for an underage DUI?

For BAC levels between 0.02% and 0.08%, your license will be suspended for 90 days. For BAC levels of 0.08% or higher, first-time offenders face a 185-day suspension, second offenses get 1 year, and third offenses result in a 3-year suspension.

When can I get my underage DUI record sealed in Nevada?

Juvenile DUI records are automatically sealed when you turn 21. For cases in criminal court, misdemeanor DUI convictions can be sealed after 7 years, while felony DUI convictions can never be sealed. If reduced to reckless driving, you can petition for sealing after 1 year.

Additional Resources

If you are a young person struggling with alcoholism, refer to the following for help:

• Teen Alcohol Abuse & Treatment Guide – Information and resources by American Addiction Centers.
• Alcoholics Anonymous – 12-step program to overcome alcoholism.
• Underage Drinking – Fact sheet by the Centers for Disease Control and Prevention (CDC).
• Get the Facts About Underage Drinking – Statistics provided by the National Institute on Alcohol Abuse and Alcoholism.
• SAMHSA’s National Helpline – 24/7 treatment referral and information service.

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