In the state of Nevada, if a person is caught driving under the influence while transporting a child under the age of 15, it will be considered an aggravating factor. This means judges will likely impose jail time instead of the standard suspended sentence for first-time DUI convictions.
Additionally, drunk driving with a minor who is 14 or younger can lead to felony child endangerment charges. Below, our Las Vegas DUI lawyers have provided further information about how having a juvenile in the car can increase the severity of the sentence and the penalties associated with such a charge:
1. Penalties Related to a DUI with Child under 15 in the Car
When someone is caught driving under the influence for the first time with a child under the age of 15 in a car in Nevada, it is considered a misdemeanor offense. The judge may give a jail sentence of up to 6 months. However, if the driver is alone in the car, judges usually give a suspended jail sentence of 6 months. A few other penalties include the following:
- The Nevada Department of Motor Vehicles will impose a suspension of 185 days on your license and levy a civil penalty fee of $35. However, you may be eligible to obtain a restricted license immediately by installing an IID (ignition interlock device) in your vehicle.
- All of your vehicles will be required to have a breath interlock device installed and maintained for a minimum of 185 days.
- You will have to complete a drug/alcohol evaluation if you had a 0.18% BAC or higher
- You will have to pay court/administrative costs and fines of around $1,000.
2. Can Someone Be Charged with Child Endangerment?
Yes, you can face charges for child endangerment if you are arrested for DUI while transporting a child. Under NRS 200.508, this is considered a form of child abuse, and prosecutors can file charges for each child in the vehicle. The severity of the penalties depends on whether the child was harmed and if you have any previous convictions under NRS 200.508.
| Child Endangerment | Penalties as per Nevada Law |
| The child was harmed, and the child endangerment wasn’t willful. | Category C Felony Fines totaling around $10,000 (depending on the judge).One to five years of prison time. Gross Misdemeanor (if you didn’t have any prior 200.508 convictions) Three hundred sixty-four days of jail time.Fines totaling around $2,000. |
| The child wasn’t harmed, but the child endangerment was willful. | Category B Felony 1 to 6 years of prison time if you have no previous child endangerment convictions.2 to 15 years if you have previous child endangerment convictions |
| The child suffered severe mental or bodily harm. | Category B Felony 2 to 20 years of prison time. |
3. Defenses against DUI with Child under 15 Charges
The most effective method of defending against charges of drunk or drugged driving with a child is to cast doubt on whether you were actually under the influence of alcohol or drugs. There are several potential defenses that criminal attorneys may use. These include arguing that:
- A medical condition, such as GERD, led to inaccurate breath test results
- The blood test samples were contaminated
- The breathalyzer device was not calibrated correctly
- The police did not observe you for the required fifteen minutes before administering the breathalyzer test
- The field sobriety tests were not conducted properly by the police
If the prosecutor is unable to demonstrate beyond a doubt that you broke Nevada DUI laws, the charges against you should be dismissed. Contact the Bourassa Law Group today for help with any DUI charges.