Charges For DUI With A Child Passenger In Nevada
In Nevada, driving under the influence (DUI) with a child under 15 in the vehicle constitutes an aggravating factor. This significant detail means that judges are more inclined to impose jail time rather than opting for the usual suspended sentence that first-time DUI offenders might receive. Furthermore, if the minor in the vehicle is 14 years old or younger, the driver could face felony charges for child endangerment.
Our skilled DUI attorneys in Las Vegas offer detailed insights below on how the presence of a juvenile passenger elevates the seriousness of the offense and the consequent legal repercussions. Contact Spartacus Criminal Defense Lawyers now to schedule a consultation and learn more about how we can help.
Penalties For DUI With Child Under 15 In The Car
In Nevada, being apprehended for driving under the influence with a child under 15 in the vehicle is classified as a misdemeanor. Judges may impose a jail sentence of up to six months for such offenses. Conversely, if the driver is alone in the car at the time of the offense, it is common for judges to issue a suspended jail sentence of six months. Additional penalties may also apply.
- The Nevada Department of Motor Vehicles will enforce a 185-day suspension of your driver’s license and assess a civil penalty of $35. However, eligibility for a restricted license may be granted immediately upon the installation of an Ignition Interlock Device (IID) in your vehicle.
- It is mandatory for all your vehicles to be equipped with a breathalyzer interlock device for a minimum duration of 185 days.
- Should your Blood Alcohol Concentration (BAC) level have been 0.18% or higher, you are required to undergo a drug/alcohol assessment.
- You will be responsible for covering court/administrative expenses and fines, totaling approximately $1,000.
Penalties For Second Offense DUI With Child Under 15 In The Car
A second DUI offense (NRS 484C.400(1)(b)) is classified as a misdemeanor in Nevada. The penalties include:
- Incarceration in jail for 10 days to 6 months or the option for residential confinement;
- Mandatory participation in a “victim impact panel”;
- Fines reaching up to $1,000, in addition to administrative and court expenses;
- A mandatory $100 evaluation for alcohol/drug dependency;
- Enrollment in a comprehensive alcohol or drug abuse treatment program;
- Installation of a breath interlock device in all of the defendant’s vehicles for a minimum of 185 days;
- A directive to avoid any further arrests or citations (excluding minor speeding violations) while the case remains active; and
- Suspension of the driver’s license by the Nevada DMV for 1 year, a 5-day suspension of vehicle registration, and a $35 civil penalty fee.
If a child under the age of 15 is present in the vehicle, individuals facing their second DUI charge can expect a sentence exceeding the minimum 10-day jail time. However, certain defendants might qualify for the Misdemeanor DUI Court and enter intensive rehabilitation programs. Ultimately, this can lead to a reduction of the DUI charge.
Penalties For Third Offense DUI With Child Under 15 In The Car
A third DUI offense (NRS 484C.400(1)(c)) in Nevada is classified as a category B felony. The penalties include:
- Sentencing to 1 – 6 years in Nevada State Prison, with the assurance of segregation from violent offenders and placement in a minimum-security facility;
- Imposition of fines ranging between $2,000 and $5,000;
- Mandatory attendance at a victim impact panel;
- Requirement for an alcohol and drug evaluation;
- Enrollment in an extensive alcohol or drug abuse treatment program;
- Installation of a breath interlock device on the defendant’s vehicle for a duration of 12 to 36 months upon release from incarceration;
- A directive to avoid any further legal issues or citations (except minor speeding violations) while the case remains active; and
- A three-year suspension of the driver’s license by the Nevada DMV, a five-day suspension of vehicle registration, and a $35 civil penalty fee, with the possibility of obtaining a restricted license after one year.
If there is a child under 15 years old in the vehicle, individuals charged with a third DUI offense are more likely to face a longer prison sentence. However, certain defendants might qualify for the Felony DUI Court, a comprehensive rehabilitation program. Upon completion, the felony charge is reduced to a second offense misdemeanor DUI.
Penalties For DUI Causing Injury or Death With Child Under 15 In The Car
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
When a child under the age of 15 is present in the vehicle, defendants charged with felony DUI are more likely to face prison sentences at the higher end of the spectrum.
Penalties For DUI Vehicular Homicide With Child Under 15 In The Car
Vehicular homicide (NRS 484C.440) is classified as a category A felony in Nevada, defined as a fatal DUI that occurs after three prior DUI convictions. Potential penalties include:
- A 25-year prison term or a life sentence, with eligibility for parole after 10 years;
- Participation in a victim impact panel;
- Installation of a breath interlock device on the offender’s vehicle for a period ranging from 12 to 36 months following prison release;
- Suspension of the driver’s license for 3 years.
Should a child under the age of 15 be present in the vehicle, defendants charged with vehicular homicide are significantly more likely to be sentenced to life imprisonment.
Defenses Against DUI With Child Under 15 Charges
The most effective strategy for defending against accusations of intoxicated or impaired driving with a child in the vehicle involves questioning the assertion that you were under the influence of alcohol or drugs. Criminal defense attorneys have a variety of potential defense tactics at their disposal, including:
- A medical condition, like GERD, resulted in unreliable breathalyzer outcomes.
- The blood test samples experienced contamination.
- The breathalyzer apparatus was inaccurately calibrated.
- Law enforcement failed to conduct the mandatory fifteen-minute observation prior to the breath test.
- The field sobriety evaluations were improperly executed by the police.
Should the prosecutor fail to prove beyond a reasonable doubt that you violated Nevada’s DUI laws, your charges should be dismissed. For assistance with any DUI charges, reach out to Spartacus Criminal Defense Lawyers today.
Arrested For A DUI In Nevada? Call Spartacus Criminal Defense Lawyers
It’s crucial to consult with an experienced Las Vegas DUI lawyer immediately following an arrest. Contact Spartacus Criminal Defense Lawyers quickly can help resolve this issue or provide you with the best possible defense to mitigate penalties. With a history of handling hundreds of DUI cases successfully, Chandon Alexander has emerged as one of the top DUI defense lawyers in Las Vegas. Contact our office today to schedule a consultation and learn more about how we can help.
