Driving Under the Influence is a serious offense across the globe, and the offense becomes graver when committed by a minor. Unveiling the Zero-Tolerance DUI Policy in Nevada
In Nevada, driving under the influence (DUI) is a serious offense, regardless of the driver’s age. Nevada has a strict zero-tolerance DUI policy that bars people under 21 from driving a vehicle if their blood alcohol content is .02 or higher. The standard for 21-year-olds is stricter compared to the permissible limit of 0.08% blood alcohol content for those 21 and older because it is illegal for a person 21 years or younger to consume alcohol under any circumstances.
The Journey of an Underage DUI Case: Criminal or Juvenile Court?
The legal proceedings for an underage DUI charge in Nevada are intricate and have potentially life altering consequences.
When a minor is charged with driving under the influence, the case can land in criminal or juvenile court. The appropriate legal setting depends on (1) the defendant’s age at the time of the offense and (2) the severity of the DUI charge.
A Legal Pathway for Underage Drivers
Drivers 18-20 are categorized as adults under Nevada law regardless of severity of the DUI. Therefore, if the offender is 18-20 years old, the case will be brough in criminal court. The Juvenile Court Landscape for Minors
A driver under the age of 18 with a misdemeanor DUI will have their case brought in the Juvenile Court. Juvenile Court focuses on rehabilitating the child instead of punishing them through jail time and fines. The goal of Juvenile Court is to guide kids under 18 to make better life choices. Navigating Felony DUI Charges for Under-18 Drivers
Minors under 18 charged with a felony DUI can find their way into either juvenile court or criminal court depending on if the judge “certifies” the minor as an adult. It is within the judge’s discretion to grant or deny this request, weighing the minor’s criminal history, the gravity of the offense, and probability of successful rehabilitation.
Exploring Penalties for Underage DUI under NRS 484C.350
Underage DUI defendants are required by Nevada law to undergo a professional medical evaluation to determine if they suffer from alcohol or drug addiction. The severity and nature of the penalties vary significantly depending on whether the case is tried in juvenile or criminal court.
Consequences in the Juvenile Justice System
For minors convicted of their first DUI in juvenile court, the penalties aim to educate the offender about the risks and consequences of impaired driving and foster behavioral change.
A first-time conviction typically results in mandatory DUI educational classes designed to raise awareness about the perils of driving under the influence. An offender may also be ordered to do community service or pay fines as part of the sentence. The court might also require the minor to avoid additional legal violations.
These penalties may be coupled with a suspended sentence in juvenile detention. If the offender complies with all the terms of their probation, the sentence to serve time may be dismissed as time served. The Consequences in Criminal Court
Young drivers tried in criminal court for a first-time misdemeanor DUI face similar penalties to adults. These penalties may include:
- Paying fines ranging from $400 to $1,000
- Enrollment and completion of a DUI school
- Attending a Mothers Against Drunk Driving (MADD) victim impact panel. An order to avoid additional legal infractions, coupled with a six-month suspended jail sentence.
It is important to note that the penalties can be significantly harsher for second-time offenses or more serious DUI violations, such as felonies.
The Power of Plea Bargains
Depending on the circumstances of the case, a defense attorney might be able to negotiate a plea bargain to reduce the DUI charge to reckless driving. A plea bargain for reckless driving includes less severe penalties and a lesser impact on the defendant’s driving record.
Every DUI case is unique, and the legal system is complex. Hiring a qualified defense attorney gives the offender the best chance at the best possible outcome for their case.
The Non-Legal Consequences of Underage DUI
The repercussions of an underage DUI conviction go well beyond legal penalties. These non-legal consequences can have substantial and lasting effects on a young person’s life.
DUI charges affect an offender’s education. Academic institutions hold their students to high standards of conduct, both inside and outside the classroom. If a student is found guilty of DUI, the educational institution may suspend or expel the student. The DUI conviction may also impact future academic endeavors, potentially hindering college admission processes and scholarship opportunities.
The financial impact of a DUI can be quite severe. Insurance companies may increase the premiums for underage drivers convicted of a DUI, significantly increasing the cost of auto insurance. In some instances, the insurance provider may cancel the policy altogether, leaving the young driver uninsured and legally unable to drive.
Given the severity and far-reaching impacts of these non-legal consequences, it’s crucial for underage drivers facing DUI charges in Nevada to secure professional legal counsel. An experienced defense attorney can help mitigate legal and non-legal penalties by fighting for a dismissal or reduction of charges.
How Underage DUI Affects a Nevada Driver’s License
One of the most immediate consequences of an underage DUI conviction in Nevada is the impact on the offender’s driving privileges. The period of suspension largely depends on the offender’s blood alcohol concentration (BAC) at the time of arrest and their criminal history with DUI offenses.
For first-time offenders whose BAC was between 0.02% and 0.08% – the legal limit for underage drivers – the initial license suspension lasts 90 days. However, with proper legal representation, this suspension may be reduced to 45 days, after which the offender could qualify for a restricted license that allows limited driving for essential activities such as work, school, or medical appointments.
In the case of subsequent offenses within the same BAC range, the punishment also includes a 90-day license suspension. But it’s essential to note that for underage drivers with a BAC of 0.08% or above, the penalties align with those for adult drivers, increasing substantially for repeated offenses.
Crafting a Defense Strategy against Underage DUI Charges
Defense strategies commonly employed in underage DUI cases involve questioning the legality of the traffic stop, the accuracy of the breathalyzer, and the administration.
I. Rigorous DUI Laws for Underage Drivers in Nevada
Nevada enforces stringent DUI (Driving Under the Influence) laws for drivers under 21 years old and makes it illegal for them to operate a vehicle with a Blood Alcohol Content (BAC) of 0.02% or more. This is a significantly lower threshold than the limit set for individuals over the age of 21, which is 0.08% BAC.
A. Jurisdiction: Criminal Court vs. Juvenile Court
The Nevada legal system splits DUI cases based on the defendant’s age and the charges’ nature. Any felony DUI charge, irrespective of the accused’s age, is filed in the criminal court. The same court also handles misdemeanor DUI cases if the defendant is 18 or older.
The juvenile court deals with misdemeanor DUI cases involving defendants under 18.
II. Consequences of Underage DUI Convictions
A. Standard Penalties
In Nevada, underage drivers who are found guilty of intoxicated driving face similar penalties to adults. Typically, these penalties may include the following:
- Fines ranging from $400 to $1,000 or equivalent hours in community service,
- Attendance at DUI School or a similar traffic safety course,
- Participation in a MADD (Mothers Against Drunk Driving) victim impact panel,
- Compliance with an order to abstain from further law violations,
- A suspended sentence of six months in juvenile detention or jail,
- A 185-day driver’s license suspension if the BAC is .02 or higher.
Furthermore, the NRS 484C.350 statute requires a medical professional to assess underage DUI defendants for potential drug or alcohol addiction.
B. Implications on Legal Record
An offender of a misdemeanor DUI conviction in criminal court can seal their record seven years after the case concludes. However, felony DUI convictions cannot be sealed. For juvenile DUI cases, records are automatically sealed when the defendant reaches 21 years of age.
III. Constructing an Effective Defense Strategy
A meticulous defense strategy can yield substantial benefits, potentially reducing charges of reckless driving or leading to a full dismissal if the defense can demonstrate law enforcement procedural errors or inaccuracies in breath or blood test results.
A. Understanding the ‘Zero-Tolerance’ DUI Policy in Nevada
Nevada’s ‘Zero-Tolerance’ DUI laws demonstrate a strong stance toward discouraging underage drinking and driving. It is categorically illegal for drivers under 21 years to operate a vehicle with a BAC of 0.02% or higher, regardless of their perceived impairment upon arrest. The law takes a more lenient stance on DUI regulations for drivers aged 21 and over, who can legally drive with a BAC less than 0.08%, provided they are not impaired.
B. Juvenile Court vs. Criminal Court
The choice of court, criminal or juvenile, depends on the driver’s age and the nature of the drunk driving offense. DUI charges against individuals aged 18-20, whether misdemeanor or felony, are classified as adults and therefore processed in criminal court. Misdemeanor DUI cases involving drivers under 18 years old are processed in Juvenile Court. Minors charged with felony DUI may be prosecuted in the juvenile or criminal court, contingent upon the judge’s discretion.
C. Penalties as Defined by NRS 484C.350
According to NRS 484C.350, underage drivers charged with a DUI offense must be evaluated for potential substance abuse problems. Depending on the court’s judgment, the penalties may vary but usually align with the following guidelines:
- First DUI offense: This is usually treated as a misdemeanor. Penalties may include fines, mandatory DUI education, community service, participation in a victim impact panel, and driver’s license suspension. A short jail term might also be given, but it is often replaced with probation for first-time offenders.
- Second DUI offense: Generally charged as a misdemeanor, second-time offenses carry stricter penalties, including higher fines, longer community service, extended DUI school, a longer driver’s license suspension, and possible jail time.
- Third and subsequent DUI offenses: These are treated as felonies and entail severe penalties, including considerable fines, a multi-year license suspension, and potentially a lengthy jail sentence.
D. The Impact of a DUI Charge on an Underage Driver’s Future
A DUI conviction can have profound implications for an underage driver’s future. Legal repercussions can also affect educational opportunities, scholarships, and future employment prospects. Young offenders may face expulsion from school or college, loss of academic scholarships, or rejection from future educational institutions. In terms of employment, a DUI conviction may make it challenging to find a job, as many employers are hesitant to hire individuals with a criminal record.
IV. Defending Against Underage DUI Charges
Building a solid defense against underage DUI charges involves challenging the evidence, examining the legality of the traffic stop and arrest, and scrutinizing the accuracy of the breath or blood tests. Here are some defense strategies:
- Inaccurate BAC Testing: BAC testing machines are not always 100% accurate, and various factors, including machine malfunctions or improper calibration, certain medical conditions, or the improper handling of the samples, can influence the results. An experienced DUI defense lawyer can question the accuracy of the BAC test and possibly get the results dismissed.
- Unlawful Traffic Stop: The law enforcement officer must have a valid reason to stop a vehicle. If the defense attorney can prove that there was no reasonable suspicion or probable cause for the traffic stop, the court may dismiss the charges.
- Field Sobriety Tests: These tests are highly subjective and can be influenced by various factors, such as the driver’s physical condition, nervousness, or the weather conditions during the test. The results could be contested if these factors weren’t considered during the test.
Conclusion
Underage DUI charges in Nevada are serious matters with potentially significant consequences. However, a strong legal defense can help to mitigate the penalties or even result in the dismissal of the charges. If you or someone you know is facing an underage DUI charge, contact the attorneys at The Bourassa Law Group today for the best defense and expertise you deserve on your case.