Penalties for DUI/DWI With Child Passenger Under 15 in Nevada

A DUI charge in Nevada is already a severe offense, but you could face additional penalties if the police find you with a child passenger in your car. In these circumstances, you could face a child endangerment charge in addition to the DUI offense, which could lead to significantly harsher penalties if the state convicts you of the crime.

Penalties for DUIs Involving Minor Passengers

Nevada’s DUI laws do not specify additional penalties for having a minor in the car while you’re intoxicated. However, having a child passenger in your car is an aggravating factor in your case. That means you can expect harsher penalties upon conviction of a DUI with a passenger under 15, even if it’s your first DUI offense.

The penalties for a first-time DUI in Nevada can include:

• Up to six months in jail or 48-96 hours of community service
• A fine of up to $1,000
• Mandatory substance abuse counseling, which you must pay for (with a BAC of 0.18 percent or more)
• An ignition interlock device installed on your car
• A driver’s license suspension for 185 days

These penalties can be increased if an aggravating factor applies in your situation.

If the child found in your car is under 14, you could face a felony child endangerment charge in addition to the DUI charge. The penalties for child endangerment in Nevada depend on whether the child was injured due to your actions.

The potential penalties based on the level of harm the child suffered are:

• Suffered substantial bodily or mental harm – 2-20 years in prison
• Did not suffer any harm, you willfully put them in danger, and you have prior child endangerment convictions – 2-15 years in prison
• Did not suffer any harm, you willfully put them in danger, and you have no previous child endangerment convictions – 1-6 years in prison
• Did not suffer any harm, you did not willfully put them in danger, and you have prior child endangerment convictions – 1-5 years in prison
• Did not suffer any harm, you did not willfully put them in danger, and you have no prior child endangerment convictions – Up to 364 days in jail

What Happens After I’m Charged?

If the police arrest you on suspicion of DUI with a child in the car, they’ll take you into custody for a chemical blood, breath, or urine test. A blood-alcohol concentration (BAC) of 0.08 percent or higher is the level at which the state automatically assumes you’re too intoxicated to drive safely. However, you could still face criminal charges with a lower BAC, as driving with any amount of alcohol in your system is illegal if your ability to safely handle a car is compromised.

Do not say anything to the police or prosecutors after your arrest, as they can use anything you say against you. Instead, exercise your right to remain silent and only ask for a criminal defense lawyer.

Defenses Against DUI Charges with a Child in the Vehicle

Some defense strategies that may be possible if the police accuse you of DUI with a child passenger include:

• Showing that the police made an illegal stop or search
• Demonstrating errors in the chemical test used to evaluate your BAC
• Proving you had a medical condition that affected the chemical test results
• Pointing out any errors in handling the evidence in your case

Arrested for a DUI In Nevada? Call Adras & Altig for Help

The consequences of a DUI charge in Nevada are severe. They are greater if the police find you with a child passenger. Our Nevada DUI defense attorneys can protect your rights and strive to help you avoid the worst possible outcomes in your case. Call Adras & Altig today or complete our contact form for a free consultation.