Las Vegas Underage DUI Attorney

It’s important to understand that violating Nevada’s zero-tolerance law is not a criminal offense. In fact, minors caught with a BAC of .02% or more when operating a vehicle will only face administrative license-related penalties. Meaning, jail time is generally not considered as a punishment, unless an underage DUI car accident resulted in serious injury or wrongful death.

During a standard DUI stop in Nevada, the officer on the scene will usually request that the driver submits to a breath or blood test and field sobriety test. If testing reveals the underage driver has a BAC of .02% or more, the police officer is required to seize their driver’s license, issue a notice of license suspension, and provide a temporary permit. If the driver decides to appeal the suspension, the temporary permit will be valid until the appeal is resolved.

A driver that is under the age of 21 and has a BAC of .02% or more will have their driver’s license suspended for 90 days. However, restricted driving privileges may be available in certain instances with the use of an ignition interlock device (IID).

Nev. Rev. Stat. § 62.221 provides in part: Whenever any child is found to have committed a minor traffic offense, the judge, or his authorized representative, shall forward to the department of motor vehicles and public safety, in the form required by Nev. Rev. Stat. § 483.450, a record of the violation.

Nev. Rev. Stat. § 62.020 defines “minor traffic offense” as follows: “Minor traffic offense” means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within the State of Nevada other than: (a) Manslaughter; (b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of Nev. Rev. Stat. § 484.379; or (c) Any traffic offense declared to be a felony.

Nev. Rev. Stat. § 483.460 provides in part: Unless otherwise provided by statute, the department of motor vehicles and public safety shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated: For a period of one year if the offense is a second violation within seven years of § 484.379 and the driver is not eligible for a restricted license during any of that time.

Nev. Rev. Stat. § 62.221 provides in part: Whenever any child is found to have committed a minor traffic offense, the judge, or his authorized representative, shall forward to the department of motor vehicles and public safety, in the form required by Nev. Rev. Stat. § 483.450, a record of the violation.

In Department of Motor Vehicles v. Hafen, 108 Nev. 1011, 842 P.2d 725 (1992), the Nevada Supreme Court dealt with a case where the driver was found guilty in a juvenile court of driving under the influence (DUI). As an adult, he was convicted of DUI. The motor vehicle department revoked his driver’s license for one year pursuant to Nev. Rev. Stat. § 493.460(1)(b)(5). The driver sought review of the suspension, claiming the department improperly considered his juvenile conviction. The trial court reversed the license revocation. The court held that for the department to have applied the one-year revocation under § 493.460(1)(b)(5), there had to be proof of a prior conviction of DUI. The court ruled that under Nev. Rev. Stat. § 483.450, a conviction meant a final conviction or a finding by a juvenile court pursuant to Nev. Rev. Stat. § 62.221, that under Nev. Rev. Stat. § 62.216 a juvenile adjudication was not a conviction, and that Nev. Rev. Stat. § 62.221 did not apply to a juvenile conviction for DUI. The court found that the department’s consideration of the juvenile conviction for DUI was improper, but also held that under Nev. Rev. Stat. § 483.460 the driver’s license should have been revoked for 90 days. The court affirmed the trial court’s order and remanded for the imposition of a 90-day revocation.

Before a driver’s license can be reinstated, the driver is required to pay a reinstatement fee, attend driving improvement classes, or obtain a court-ordered drug and alcohol assessment. An alcohol-related violation will also delay the graduated license process for teen drivers.

There are many other charges that can stem from an under 21 DUI in Las Vegas. Underage drinking in general typically is accompanied by other synonymous charges that can easily be tacked on to an existing charge if not handled correctly. One of the biggest reasons to retain an experienced Las Vegas underage DUI lawyer for an underage DUI is to help mitigate penalties brought against you or your child. Some additional charges that could potentially be added on to an underage DUI in Nevada are:

• Minor in possession of alcohol
• Solicitation of alcohol
• Distribution of alcohol to other minors
• Child endangerment
• Possession of a fake ID

A DUI can cause consequences outside of the legal system. For example, some schools and universities impose their own penalties for students and prospective students who are convicted of an underage DUI in Nevada. In fact, these consequences are often stricter than what Nevada courts will call for. Some of these harsh consequences include expulsion, suspension or disqualification from applying in the first place.

Car insurance companies also tend to be ruthless on underage drivers who pick up DUIs. Those convicted of an underage DUI in las Vegas may face an increase in their premium rates or even have their policy canceled altogether.

That’s why it’s recommended for those charged with an under 21 DUI in Las Vegas to retain experienced criminal defense representation. Your underage DUI defense attorney can help you work toward getting the charges against you mitigated or dropped. If there is any chance to reduce DUI penalties, it’s highly advised that you attempt to do so. Otherwise, additional non-legal consequences could include:

• Limiting scholarship opportunities
• Removal from extracurricular activities
• Suspension from school sports
• Required disclosure on job applications
• Affecting your ability to obtain a professional license

If a driver gets adjudicated delinquent in juvenile court on a first-time DUI, the sentence includes the following:

• Educational classes on the dangers of DUI
• Community service and/or fines
• A court order to avoid any further arrests or citations other than minor traffic offenses
• A potential suspended juvenile hall sentence that will not be imposed as long as the defendant completes the other sentencing terms

• $400 – $1,000 in fines
• DUI School
• Victim impact panel
• A court order to avoid any further arrests or citations other than minor traffic offenses
• The court will order the defendant to install ignition interlock devices in his/her vehicles for 6 months
• A 6 month suspended jail sentence, which means the defendant will do no more jail time as long as he/she completes the above sentencing terms

• Reckless driving carries less of a stigma than drunk driving
• A future DUI will only be charged as a first DUI instead of a second DUI because of the previous reduced reckless driving ruling
• An underage DUI in Las Vegas carries a mandatory driver’s license revocation, whereas a reckless driving charge results in 8 license points
• There is only a 1 year waiting period to seal a reckless driving criminal record after the case closes. You must wait 7 years to seal an underage DUI in Nevada.

• The driver is not under 21
• An error in the testing instrument created a false reading
• The law enforcement officer interpreted the testing instrument incorrectly
• Police violated constitutional rights when conducting the investigation
• Police didn’t calibrate the testing instruments properly
• The police didn’t properly maintain the testing instruments before use
• Too much time passed between the driving and the test to give an accurate reading
• Use of gum, mouthwash, or a health issue produced an invalid reading