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Underage DUI

Underage DUI charges can affect your future. Goodwin Law Group ensures a robust defense to mitigate the impact.

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Charles Goodwin

Las Vegas Underage DUI Lawyer

Defense Attorney Representing Underage Drivers Facing a DUI Charge in Nevada

According to the CDC, car accidents caused by underage drinking and driving represent approximately 17% of all fatal alcohol-involved car crashes. This is despite the fact that underage drivers represent only 10% of all licensed motorists. As a result, the state of Nevada takes underage drunk driving very seriously, and the persons convicted of underage DUIs can expect to face harsh penalties, both legally and otherwise.

If you or a loved one, perhaps a young family member, have been arrested for drinking and driving under 21 years of age, it is imperative that you seek professional legal representation from experienced DUI attorneys. Our criminal defense attorneys have years of experience representing clients facing all sorts of criminal charges, including the complexities of underage DUI charges. As your legal counsel, we can help you through the entire legal process, from the arrest to a trial.

What is Considered Underage Drinking and Driving in Las Vegas?

According to Nevada law, it is unlawful for individuals under 21 years of age to operate a motor vehicle with a blood alcohol concentration (BAC) level of .02% or higher. Essentially, this prohibits anyone under the age where they are legally able to purchase alcohol from ingesting alcohol and operating a car, as even the smallest trace amount of blood alcohol content could be a violation of the law. In Nevada, adult drivers over age 21 must keep their blood alcohol level below .08%.

If you or a loved one has been charged with underage drinking and driving, you must seek professional legal counsel from an experienced DUI lawyer. Our lawyers know how to handle the complexities of underage DUI charges in Las Vegas, Nevada. To learn more about our legal services, please schedule your free case evaluation today.

What Are Nevada’s Underage DUI Laws?

The rules are stricter for drivers under the age of 21 when it comes to driving following the consumption of alcoholic beverages. Whereas Nevada state law prohibits individuals over the age of 21 from driving with a blood alcohol concentration of .08% or higher, motorists under 21 years of age cannot operate a motor vehicle with a blood alcohol concentration of .02% or higher. This is part of Nevada’s zero-tolerance policy.

What is Nevada’s Zero Tolerance Law?

If an underage driver receives a drunk driving conviction, they face the harsh standards of Nevada’s zero-tolerance laws. This zero-tolerance law applies even to motorists who are not driving erratically or seem completely sober and in control of their vehicle. Ultimately, any trace amount of alcoholic beverage in the underage driver’s system could result in a drunk driving arrest.

Following a conviction, the defendant may face the following criminal penalties:

  • A maximum sentence of six months of jail time
  • Community service
  • Costly fines
  • Drug and alcohol evaluations
  • Installation of an ignition interlock device
  • Loss of driving privileges, including a suspended license for at least 90 days
  • Mandatory attendance at a Nevada DUI school
  • Restricted license

Despite the zero-tolerance policy, jail time is rare in underage DUI cases. Depending on the age of the defendant, most DUI cases will be handled in juvenile court. Regardless of whether the case is handled in Criminal Court or juvenile court, it is highly recommended that you retain legal counsel from an aggressive Las Vegas DUI defense attorney. Proper legal representation can pursue weaknesses in the prosecution’s case, potentially diminishing or dismissing the charges against the underage defendant.

What Should You Do if Your Child is Accused of Underage Drinking and Driving?

When your child calls you after being arrested for driving under the influence, do not ask your child to explain what happened. The less your child explains out loud, the less that can be used against them in court later on. Remember, anything the accused says can be used against them in court.

Find out what the charge is and if a bond has been set for the arrested individual. If no bond has been set, attempt to find out when it will be. Explain to your young child that they can tell you everything about the DUI arrest later. Encourage your child not to waive their constitutional right to remain silent or to retain professional legal counsel.

Once you know how much bail is set at, do what you can to get your child out of lockup. Then, if you have not done so already, hire a passionate and aggressive Las Vegas DUI lawyer to represent your child’s legal rights. You want a lawyer who has knowledge of underage DUI laws and has represented underage drunk drivers in the past.

Our legal team has extensive experience representing clients accused of misdemeanor and felony charges in Nevada courts. We will do everything within our power to represent your child and help them pursue the most optimal outcome for their case.

Will the Underage Driver Appear in Juvenile Court?

Depending on the facts of the case and the defendant’s age, the case may be heard in juvenile court. If your child is over 18 at the time of the DUI offense, their case will typically be held in criminal court for adults.

A child under the age of 18 who is charged with a misdemeanor DUI offense should generally expect to have their case heard in juvenile court. However, felony drunk driving cases may be heard in adult criminal court, regardless of the defendant’s age. Ultimately, a judge has the authority to determine whether a minor should be certified as an adult in a criminal case.

What if Your Child’s Blood Alcohol Concentration Was Below the Legal Limit?

The legal limit is different for adults and underage drivers. If your child had a blood alcohol concentration lower than the .08% legal limit for adults, they may still be charged for drunk driving because of their age. The legal limit for drivers under the age of 21 is .02% in Nevada.

If your child is arrested and found to have a BAC higher than .02%, they may face a mandatory driver’s license suspension of 90 days with restricted license eligibility after 45 days.

Can a Driver Refuse to Take a Breath Test?

Under state law, you cannot refuse a breath test in Las Vegas. All Nevada motorists agree to ‘implied consent’ laws, meaning you automatically consent to breath tests, urine screening, blood draws, and other field sobriety tests. In Nevada, driving is a privilege, not a right.

If you refuse a breathalyzer test when arrested under suspicion of driving under the influence, you may face harsh penalties.

These include:

  • Forcible blood draw against your will
  • Revocation of your driver’s license for one to three years
  • Your refusal could be held against you in a criminal trial

What Are the Potential Legal Consequences of an Underage DUI Conviction?

For an underage driver arrested by a police officer for drunk driving, they face both legal and non-legal consequences if convicted.

Legal punishments that can be imposed by criminal courts include the following:

  • Community service requirements
  • Educational courses on alcohol usage
  • Fines of up to $1,000
  • Imprisonment between two days and six months
  • Mandatory attendance of a Mothers Against Drunk Driving (MADD) victim impact panel
  • Suspension of driving privileges

The driver’s license will be suspended or revoked for 90 days for a first-time offender. Additionally, they will be required to participate in an alcohol assessment and treatment program. For a second offense, the driver’s license will be suspended for at least 90 days, but typically longer. Offenders will also be required to attend an alcohol assessment and treatment program.

If the blood alcohol content was over the legal limit for adults of 08%, the accused faces many of the same penalties reserved for adult drivers. These include the potential for mandatory jail time, hefty fines, and attendance at Nevada’s DUI school.

Are There Additional Underage DUI Penalties to Be Aware Of?

While drinking spirituous liquor and driving motor vehicles can result in criminal charges, there are also other potential consequences that a defendant may face if convicted.

Other non-legal consequences may include:
Limited scholarship opportunities
Negatively affecting your ability to obtain a professional license
Removal from extracurricular activities
Required disclosure of a criminal record on job applications
Suspension from school sports

Depending on the circumstances, an underage drunk driver may be eligible for some forms of relief from Nevada law, including sealing their juvenile record after a certain amount of time has passed. To discuss your legal options, don’t hesitate to get in touch with our law firm for legal assistance.

Should Young Drivers Accept Plea Bargains in Underage DUI Cases?

Depending on the DUI charges and the consequences that the defendant may face, a plea bargain may be the only realistic option to consider. Entering a plea for a lesser criminal offense could lessen a criminal conviction’s penalties and long-term consequences.

However, you should never enter into a plea bargain for a criminal offense without having reviewed your case with the help of a Las Vegas underage DUI attorney. Before accepting the prosecution’s plea deal, please contact our law firm for legal help.

What Are Potential Underage DUI Defense Strategies?

As your DUI attorneys, we will explore several legal strategies to dismiss or reduce your charges. What strategy we ultimately land on will depend on the unique facts of the case and the direction you wish to go in.

Potential defenses to an underage DUI charge include:

  • Breathalyzer malfunctions
  • Certain medical conditions resulted in high BAC levels or the appearance of drunkenness
  • Errors committed by police officers
  • Illegal traffic stop
  • Lack of probable cause for an arrest
  • No actual illegal activity occurred
  • Proper testing procedures were not followed
  • Testing instruments were not properly maintained
  • The alcohol in your system was from another source, such as cough syrup or mouthwash
  • The defendant never took drugs or drank alcohol
  • The defendant was sober while driving
  • The driver was over the age of 21
  • Though over the limit, the defendant was not in actual physical control as the driver of the vehicle
  • Too much time had passed between driving and the field sobriety test to give an accurate reading
  • Violation of civil rights

Schedule a Free Case Evaluation to Discuss Your Underage DUI Charges Today

To learn more about our legal services and how we can represent a client accused of underage drinking or underage possession while driving, don’t hesitate to get in touch with our Las Vegas law firm to schedule your free initial consultation. Our legal team has a comprehensive knowledge of Nevada laws and extensive experience representing clients in criminal court. Please schedule your free, no-obligation case evaluation today to discuss your case in more detail.

You may reach us at 702-819-8242.