Examining the Penalties for an Underage DUI Charge in Nevada

Like other states, Nevada imposes a set of DUI laws on all drivers. The penalty for being convicted of a DUI charge in the Silver State typically starts as a misdemeanor for a first-time offense if no one is hurt, but it can become a felony depending on circumstances or your number of previous DUI convictions.

Furthermore, drivers who are too young to legally drink are often held to harsher penalties (same standard as 21+ beyond a reasonable doubt). If you’re facing underage DUI charges in Nevada, it’s essential to understand what penalties could follow a conviction.

Standard DUI Penalties in Nevada

You may qualify for a DUI charge if you are driving or have physical control of a vehicle while under the influence of drugs or alcohol. You are typically considered under the influence if you can’t safely drive due to impairment or your blood alcohol concentration (BAC) is 0.08 or higher.

When a DUI charge doesn’t involve an accident or any other aggravating circumstances, the penalties for a conviction depend on the number of previous convictions within the past seven years. This rule applies regardless of age.

First-Offense DUI

A first DUI offense is generally charged as a misdemeanor. You may receive a jail sentence of two to 180 days, though the judge may alternatively choose to require you to perform 48 to 96 hours of community service. 

You might also receive a $400 to $1,000 fine and a six-month license suspension, followed by six months using an ignition interlock device (IID).  Additionally, there are various classes required by law to complete

Second-Offense DUI

A second-offense DUI is also charged as a misdemeanor in most cases. The minimum jail time increases to 10 days, though the judge may assign that as home confinement. Additionally, the minimum fine may increase to $750.

Your license may also be revoked for one year after a conviction, and you might need to use an IID when driving for a year after that period. To get your license restored, you may need to complete a drug and alcohol abuse treatment program.

Third-Offense and Beyond

Few underage drivers have a license long enough to be charged with a third offense before turning 21 years old. However, if you are charged with a third offense, you can face a felony conviction.

The penalties for a felony conviction are steeper. You can be sentenced to one to six years in prison and may need to pay between $2,000 and $5,000 in fines. Additionally, your license can be revoked for three years, and you might need to use an IID for three more years after having it reinstated.

DUI Laws for Underage Drivers

Anyone who is 20 years old or younger is considered underage by Nevada laws because they are too young to legally drink alcohol. If you are underage, you can be charged with a DUI offense if your BAC is 0.02 or higher.

However, if you are charged with an offense while driving with a BAC of less than 0.08, you will typically not be charged with a criminal offense. Instead, you can be charged with an administrative offense.  This paragraph is 100% false.  They can be charged criminally in juvenile court with a DUI with a BAC under .08%

This offense has limited penalties. Your license may be suspended for 90 days, and you likely won’t be sentenced to jail time or fines. It’s also possible that you may be granted restricted driving privileges, requiring you to install an IID, instead of having your license suspended.  These are mostly untrue as well. I would recommend removing this entire section.  There’s too much language in here that is ambiguous and can be construed incorrectly   The license can be suspended/revoked, determined by a juvenile court judge.  I get about 3-5 DUI’s per year with clients under 21, so this demographic isn’t highly lucrative to advertise to

Finally, because this is not a criminal conviction, it does not generally count toward the number of DUI convictions that you previously incurred.

Refusing a Blood or Breath Test

Nevada has implied consent laws for all drivers. According to these laws, you are required to submit to a blood, breath, or urine test if you are arrested for a DUI. If you refuse, you can be subject to an administrative license suspension, regardless of the outcome of your charges.

If you refuse a BAC test as an underage driver, you may forfeit your chance of receiving the reduced penalties of Nevada’s underage DUI laws. You need proof of your BAC to receive the administrative sentence associated with the underage DUI laws.

Contact the DUI Doctor to Protect Your Future Today

If you are under 21 years old and have been charged with a DUI in Las Vegas, the DUI Doctor may be able to help you avoid stiff penalties. Our team has handled over 9,000 DUI cases throughout the state. Contact us now to schedule a free consultation with an experienced criminal defense lawyer.