DUI With Child Under 15
A Nevada DUI conviction penalty could mean anything from small fines and DUI school to intensive rehab programs and long prison terms. A typical minimum sentence could be something like 2 days in jail, $685.00 fine, DUI School and attendance at a Victim Impact Panel.
Having a child passenger under the age of 15 at the time of a DUI incident can result in a harsher penalty than if the passengers were adults. Under some circumstances the District Attorney could even file the case as a Felony for endangerment of the child.
Penalties for 1st DUI while driving a child, 14 years old or younger
Judges do consider having a child, 14 years old or younger in the car an as factor that may result in the sentence having stricter terms and conditions. However, being just arrested is not the same as a conviction. Attorney Darren Weiss may be able to get the charges reduced, dismissed, or at the very least negotiate a sentence up front so that there are no unpleasant surprises.
Penalties for a first DUI in Nevada tend to lean toward the state mandated minimums unless there are aggravating factors. Endangerment of a child 14 or younger is often considered an aggravating factor. As a result the judge might order actual jail time as opposed to just imposing suspended jail time.
Penalties for a 2nd DUI while driving a child, 14 years old or younger
A successive DUI conviction (that occurs within seven years of the first one) carries a harsher penalty. But it is still a misdemeanor, provided no injury or death occurs. The sentence for a second-time DUI includes a minimum of 10 days jail time. Often times a good attorney can find ways around actually doing the jail time.
When a child, 14 years old, or younger was in the car, the penalty can be more than the minimum 10 days in jail (even up to 6 months total). Fines can be higher and the judge can order drug or alcohol testing, SCRAM alcohol bracelets, breath interlock devices, etc.
Penalties for a 3rd DUI in Nevada while transporting a child 14-years old or younger in Nevada
A third DUI conviction within a seven-year period in Nevada is no longer a misdemeanor. It’s classified as a category B felony even if no one got hurt or killed. The penalties for felony DUI are severe and include:
- 1-6 years in prison (non-probationable),
- alcohol evaluation and treatment,
- fines of $ 2000-5000,
- Victim impact panel,
- DUI School,
- Breath interlock device for 1-3 years after served prison time,
- suspended drivers license for 3 years
In felony DUI cases where a child younger than 15 was in the car, the judge could likely order prison and fines on the higher end of the range.
In all of the above situations you are almost certainly better off having a qualified attorney on your side to help navigate the specific facts of your case, and get the best possible outcome.
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