DUI Under 21 – NRS 484C.350

Overview

Driving Under the Influence (DUI) for individuals under the age of 21 is addressed under Nevada Revised Statute (NRS) 484C.350. This law establishes stricter standards for young drivers, reflecting Nevada’s commitment to preventing impaired driving among minors. Understanding the implications of this statute is crucial for young drivers, parents, and anyone involved in the legal system.

Definition of DUI Under 21

Under NRS 484C.350, “driving under the influence” specifically pertains to drivers under the age of 21 who operate a motor vehicle while impaired by alcohol or drugs. Key components of the law include:

1. Zero-Tolerance Policy: Nevada enforces a zero-tolerance policy for underage drinking and driving. Any driver under 21 found with a Blood Alcohol Concentration (BAC) of 0.02% or higher can be charged with DUI, even if they do not exhibit obvious signs of impairment.
2. Impairment: In addition to the BAC threshold, an individual can be charged with DUI if their ability to drive is impaired by any substance, including prescription medications or illegal drugs.
3. Legal Consequences: The penalties for DUI under this statute are often more severe than those for adult drivers, reflecting the state’s emphasis on deterring underage drinking and driving.

Legal Requirements for Prosecution

To secure a conviction for DUI under NRS 484C.350, the prosecution must prove several elements beyond a reasonable doubt:

1. Operation of a Vehicle: The accused must have been operating a motor vehicle on a public road or highway.
2. BAC of 0.02% or Higher: The prosecution must demonstrate that the individual had a BAC of 0.02% or higher, as established by chemical tests.
3. Impairment Due to Drugs: If the driver consumed illegal drugs or prescription medications, the prosecution must show that these substances impaired the driver’s ability to operate the vehicle safely.

Related Offenses

DUI under 21 is related to several other offenses, including:

• Driving Under the Influence – NRS 484C.110: The general DUI law, which applies to all drivers regardless of age.
• Minor in Possession of Alcohol – NRS 202.020: Involves individuals under 21 possessing or consuming alcohol, which can be charged in conjunction with DUI offenses.
• Reckless Driving – NRS 484B.653: Engaging in dangerous driving behavior that may also lead to DUI charges if caused by impairment from alcohol or drugs.

Examples of DUI Under 21 Offenses

To illustrate how NRS 484C.350 applies, consider these examples:

• Example 1: A 19-year-old is pulled over for speeding. The officer detects the smell of alcohol and administers a breathalyzer test, which shows a BAC of 0.05%. The driver can be charged with DUI under NRS 484C.350, despite being below the legal adult limit of 0.08%.
• Example 2: A 20-year-old consumes a marijuana edible and then drives. If stopped and exhibiting signs of impairment, they can face DUI charges under this statute, regardless of their BAC.

Penalties for DUI Under 21

The penalties for DUI under NRS 484C.350 can be severe, particularly given the zero-tolerance policy:

• First Offense:
  • Misdemeanor:
    • Fines: $400 to $1,000.
    • Jail Time: Up to 6 months.
    • License Suspension: 90 days.
• Second Offense:
  • Misdemeanor:
    • Fines: $750 to $1,500.
    • Jail Time: 10 days to 6 months.
    • License Suspension: 1 year.
• Third Offense:
  • Category B Felony:
    • Fines: $2,000 to $5,000.
    • Imprisonment: 1 to 6 years.
    • License Suspension: 3 years.
• Additional Penalties: Offenders may also be required to complete DUI education programs, install ignition interlock devices, or fulfill community service requirements.

Defenses Against DUI Charges for Under 21

If you are facing DUI charges under NRS 484C.350, several defenses may apply:

1. Improper Stop: If law enforcement did not have probable cause to stop the vehicle, any evidence obtained may be inadmissible in court.
2. Faulty Testing: Challenges to the accuracy of breathalyzer or other drug tests can be raised if there were issues with the equipment or administration.
3. Lack of Knowledge: If the accused was unaware of the alcohol or drug’s effects at the time of driving, this could serve as a mitigating factor.
4. Medical Conditions: Certain medical conditions may affect how substances impact driving ability, potentially leading to a valid defense.

The Importance of Legal Representation

Navigating the complexities of DUI charges for individuals under 21 requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling DUI cases equips him to provide a robust defense against charges under NRS 484C.350.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving DUI.

Understanding Your Rights

If you are accused of DUI under 21, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against DUI charges under NRS 484C.350 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.