NRS 484C.350 and NRS 483.462 make it illegal for any drivers operating a vehicle under 21 years of age to drive with a blood alcohol content of .02 or higher. This is only a quarter of the legal limit for drivers over 21 which is .08.
Criminal court adjudicates all felony DUI cases 18 and up while juvenile court hears all misdemeanor DUI cases under 18. Underage drivers convicted of intoxicated driving face similar penalties as adult drivers which can include:
DUI school or similar traffic safety class,
a MADD victim impact panel,
order to avoid further violations of law,
six month suspended sentence in jail or juvenile hall,
a 90-day driver’s license suspension.
A medical professional evaluates underage DUI defendants as required by law to determine whether they are suffering from alcohol or drugs addiction. Misdemeanor DUI convictions in criminal court are usually sealed seven years after the case concludes but felony DUI convictions are unsealable; Juvenile DUI records are automatically sealed when the defendant turns 21.
Underage drunk driving defenses require extra care because school and scholarship admissions are at stake as well as fines and other miscellaneous punishments. Defense attorneys have the ability to get some charges reduced to reckless driving, or dismissed altogether, should they prove that law enforcement made procedural mistakes or if the results of the breath/blood tests were inaccurate.
If you would like assistance with a DUI charge, contact Sgro & Roger today for a free consultation at 702.384.9800