While liquor is available around the clock in Las Vegas, it is prohibited for anyone under 21 years of age to purchase, consume, or possess alcohol. Likewise, Nevada has a firm policy that makes it illegal for anyone under 21 to drive with detectable alcohol in their system. So what happens if someone receives an underage DUI in Las Vegas?
With such strict rules, you may wonder what happens when an underage driver is pulled over for driving under the influence (DUI). Our Las Vegas DUI lawyers explain the laws, penalties, and possible defenses for underage DUIs.
What Is Nevada’s DUI Law for People Under 21?
Under Nevada law, persons under 21 years of age cannot operate a motor vehicle if they have a BAC of 0.02 or more. In comparison, the BAC threshold for drivers who are 21 or older is 0.08 or higher. Referred to as Nevada’s Zero-Tolerance Law, this policy is meant to keep teens and underage drivers from drinking and driving. Just one drink is typically enough to reach the 0.02 BAC limit and for an underage DUI to be in play.
What Are the Penalties for an Underage DUI Conviction in Las Vegas?
Depending on the BAC level, underage drivers who are convicted of operating a vehicle while intoxicated may face the same penalties as drivers who are 21 or older, including:
- Fines up to $1,000
- Community service
- Driver’s license suspension for up to 185 days
- Required DUI school or equivalent traffic safety course
- Participation in a MADD victim impact panel
- An order to avoid further arrests or violations of the law
- In some cases, an ignition interlock device or breathalyzer in your vehicle for at least six months
If this is not the first DUI conviction, there could be additional penalties, including mandatory jail time. Underage drivers may also require a professional medical evaluation to determine if they suffer from alcohol addiction or a substance abuse disorder. Based on the test results, the court may order treatment under clinical supervision.
RELATED: Nevada First-Time DUI Facts
Can Minors Get a DUI Conviction for Marijuana?
Much like alcohol, marijuana use is legal in the state of Nevada. However, this only applies to people who are 21 or older. Anyone younger than 21 cannot legally use marijuana. Additionally, regardless of age, it is illegal to drive or have actual physical control of a vehicle while under the influence of marijuana.
How much is too much? If it is your first or second offense, the concentration of marijuana in your blood does not matter. Law enforcement will use other methods to determine if you are too impaired to operate the vehicle safely. If convicted, a DUI with marijuana has the same penalties as a DUI with alcohol.
Are Underage DUI Cases Tried in Juvenile Court?
It is important to remember that a minor in Nevada is someone who is under the age of 18. However, the legal drinking age in the state is 21. While a person who is 18, 19, or 20 years old is considered an adult, they are not old enough to legally purchase, consume, or possess alcohol, and are subject to the state’s zero-tolerance law.
If the defendant is 18 years of age or older, the case is handled in an adult criminal court. DUI cases involving drivers younger than 18 are typically tried in juvenile court. Of course, there are exceptions, such as minors who caused serious injury or death by driving under the influence. These minor defendants may be tried as adults for underage DUI cases.
Does an Underage DUI Have Other Consequences?
An underage DUI can have other non-legal consequences that affect that person into adulthood, such as:
- Higher insurance rates: After a DUI conviction, insurance premiums often go up drastically and stay there for several years.
- Impact on higher education: Some universities and colleges deny admission or take away scholarships if the student has a DUI conviction.
- Career opportunities: When applying for a job, employers often run background checks. Having a DUI on your record can affect your career prospects.
- Personal reputation: Your relationships and reputation can suffer from an underage DUI conviction, even years after it happened.
How Can You Fight an Underage DUI Charge?
With such serious consequences that can affect your future, it is important to understand your legal options. If you or a loved one is charged with an underage DUI, an experienced DUI attorney can help you build your case and protect your rights. A few possible defenses include:
Probable Cause Challenge
Police must have reasonable suspicion to believe you are driving under the influence before stopping you. If you prove that law enforcement did not have probable cause to pull you over, the judge may suppress the evidence collected during your stop and arrest.
Improper Field Sobriety Tests
Field sobriety tests (FSTs) have low accuracy rates because many outside factors can affect their outcome. Your lawyer can show why the tests are unreliable or how they were not administered correctly during your traffic stop.
Inaccurate BAC Test Results
Errors during blood or breath tests can affect the accuracy of their results. For example, the machine used to analyze your blood could have been improperly configured. Also, the person testing your blood may have made mistakes.
Certain Medical Conditions
Some medical conditions, including acid reflux, can cause a person’s BAC reading to appear higher than it actually is. This would result in a false positive.
RELATED: Can You Be Charged for DUI in Las Vegas for Prescription Medication?
Schedule a Free Consultation with a Las Vegas DUI Lawyer
An underage DUI can have long-term consequences on a young person’s life and livelihood. That is why it is important to find a trusted Las Vegas DUI attorney who understands the complexities of these cases. Working with an experienced lawyer in Las Vegas can help you get through this difficult time by fighting for your rights, negotiating a fair plea bargain, and showing what really happened.
Contact our DUI lawyers today to schedule a free and confidential consultation with our team. We will go over our services and how we can assist with your underage DUI case.
