Underage DUI Lawyer Las Vegas: Is Your Teenager Facing an Underage DUI? Here is How We Fight the ‘Zero Tolerance’ Law
A Mistake Shouldn’t End Their Future Before It Starts
If you are searching for an underage DUI lawyer in Las Vegas, you are in the right place. This guide is for parents in Las Vegas whose teenagers are facing underage DUI charges. We will cover the legal process, potential penalties, defense strategies, and how an experienced underage DUI lawyer can help protect your child’s future.
It is every parent’s worst nightmare. Your teenager went out with friends. Maybe they went to a party in Summerlin. Maybe they were driving home from a concert on the Strip.
Then the phone rings. It is the police. Your child has been pulled over. They are being investigated for DUI.
Your mind starts racing.
- Will they go to jail?
- Will they lose their license?
- Will they get kicked out of college?
- How much will our insurance go up?
Common Parental Concerns
I know how scary this is. My name is Michael Gowdey. For over 30 years, I, along with my team of experienced criminal defense attorneys, have served clients in Las Vegas, Henderson, and North Las Vegas. I have helped countless families navigate this exact situation. Experienced attorneys are essential in underage DUI cases, as they understand the complexities involved and can effectively challenge the evidence and protect your child’s rights.
Here is the truth: Nevada takes underage drinking and driving very seriously. We have some of the strictest laws in the country. But an arrest is not a conviction. Just because the police say your child was impaired does not make it true.
Teenagers make mistakes. Their brains are still developing. They succumb to peer pressure. At The Law Offices of Michael I. Gowdey, Ltd., we believe that one bad night shouldn’t ruin a bright future.
This guide is going to explain exactly what you are up against. We will talk about the Zero Tolerance Law, the license suspension nightmare, and how we fight to keep your child’s record clean. Professional legal representation is crucial to safeguarding your young person’s future and ensuring the best possible outcome.
Why Hiring a Qualified Underage DUI Lawyer in Las Vegas Matters
Hiring a qualified attorney is crucial for navigating underage DUI charges in Nevada. The legal process is complex, and the consequences can be severe for both your child and your family. It is important to hire a lawyer who has experience with underage DUI laws in Nevada, a proven track record of defending similar cases, and a deep understanding of local court procedures. An experienced underage DUI lawyer will know how to challenge evidence, negotiate with prosecutors, and advocate for the best possible outcome for your child. When searching for an attorney, look for someone who:
- Has specific experience with underage DUI cases in Nevada
- Understands the unique aspects of juvenile and adult court systems
- Has a history of successful case results
- Communicates clearly and keeps your family informed throughout the process
The right legal representation can make all the difference in protecting your child’s future.
What Does “Zero Tolerance” Mean for Underage Drivers in Nevada?
You might know that for adults, the legal limit for alcohol is 0.08% Blood Alcohol Concentration (BAC). BAC stands for Blood Alcohol Concentration, which measures the amount of alcohol in a person’s bloodstream.
For drivers under 21, the rules are completely different. In Nevada, it is unlawful for anyone under the age of 21 to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.02% or higher. Nevada has a “Zero Tolerance” policy for underage drinking and driving, meaning any measurable amount of alcohol can lead to DUI charges. The zero-tolerance policy in Nevada means that drivers under 21 can face DUI charges for having any measurable amount of alcohol in their system while operating a vehicle.
Under Nevada Revised Statute 484C.350, it is illegal for anyone under 21 to drive with a BAC (blood alcohol content) of 0.02% or higher. Nevada law strictly enforces this zero-tolerance approach, meaning that even a small amount of alcohol in an underage driver’s system can lead to criminal charges. Understanding underage DUI laws is crucial for both parents and teens to navigate the legal process and protect their rights under Nevada’s zero tolerance policy.
What Does 0.02% Look Like?
This is what catches so many families off guard.
- 08% usually takes a few drinks to reach.
- 02% can happen after half a beer. It can happen after using mouthwash. It can happen hours after your child stopped drinking.
Nevada law prohibits anyone under 21 from operating a motor vehicle with any detectable alcohol in their system. The law says that if there is any measurable alcohol in their system, they are guilty of DUI. They don’t have to be swerving. They don’t have to be slurring their words. If that number hits 0.02%, the state considers them impaired.
The "Use It or Lose It" Law
Even if your child wasn’t driving, alcohol can still affect their driver’s license. If a police officer catches your teenager drinking alcohol or possessing drugs anywhere—even at a park or a house party—the court can order the DMV to delay or suspend their driver’s license, impacting their current or future driving privileges.
Now that you understand the basics of Nevada’s zero tolerance law, let’s look at the penalties your child may face.
What Are the Penalties for an Underage DUI in Las Vegas?
Because your child is under 21, the court focuses on two things: Punishment and Education. Underage DUI convictions carry serious criminal penalties and legal consequences, including fines, license suspension, and even possible jail time, which can have a lasting impact on your child’s future.
In Las Vegas, offenders under 18 typically face juvenile court, while those aged 18 to 20 are tried in adult criminal court. For individuals aged 18 to 20, DUI cases are prosecuted in criminal court, while those under 18 typically face juvenile court. If your child is under 18, the case will likely be handled in Juvenile Court, which focuses on rehabilitation rather than punishment, often using probation and counseling for underage DUI offenders. However, in certain circumstances, such as more serious offenses, the case may be heard in adult criminal court and treated as a criminal case. If your child is 18, 19, or 20, they are legally an adult, but they are still subject to the Underage DUI laws in Adult Court (Justice or Municipal Court). Underage DUI convictions can result in the same penalties as adult offenders, including mandatory license suspension, fines, and potential jail time.
Here is what is on the line:
The License Suspension (The Big One)
This is the penalty that hurts families the most. If convicted of an underage DUI, driver’s license suspension is mandatory—the DMV is required to suspend your child’s driver’s license for 90 days.
- Think about the logistics: How will they get to school? How will they get to their part-time job? Who is going to drive them to sports practice?
- The “Hardship” License: In some cases, we can apply for a restricted license to drive to school or work, but it is not guaranteed.
Alcohol & Drug Evaluation
The court will almost always require both an alcohol assessment and an alcohol and drug evaluation as part of the legal process. Your child will have to meet with a counselor to determine if they have an addiction problem. If the counselor says “yes,” the court can order mandatory rehab or counseling classes.
Fines and Fees
While juvenile fines are often lower than adult fines, they still add up. You could be looking at hundreds of dollars in court fees, testing fees, and classes.
The "Victim Impact Panel"
Your child will likely have to attend a MADD (Mothers Against Drunk Driving) panel. They will listen to stories from people who lost loved ones to drunk drivers. It is emotional, but it is meant to be a wake-up call.
With the penalties in mind, let’s explore why juvenile reckless driving is a common outcome in these cases.
Why Is Juvenile Reckless Driving a Common Outcome?
When you hire The Law Offices of Michael I. Gowdey, Ltd., our first goal is Dismissal. We want the charges dropped completely.
But if the evidence is strong, our second goal is usually to negotiate the charge down to Reckless Driving. This is often achieved through plea bargains, which can be used to reduce charges or penalties by reaching an agreement with the prosecutor. Identifying weaknesses in the prosecution’s case is crucial during these negotiations, as it can lead to more favorable outcomes for your child.
Why is this better?
1. It is not a DUI
A DUI looks terrible on a background check. Reckless driving looks like a traffic mistake.
2. Save the License
In many cases, a Reckless Driving charge does not carry the mandatory 90-day license suspension that a DUI does.
3. Insurance
While your rates will still go up, a DUI conviction can cause your insurance company to drop you entirely. Reckless driving is often more manageable.
Negotiating this deal takes an experienced lawyer. We have to show the prosecutor that your child is a good kid who deserves a break, not a criminal who needs to be punished.
Next, let’s discuss whether your teenager can get a DUI for marijuana or prescription pills.
Can My Teenager Get a DUI for Marijuana or Prescription Pills?
Yes. In fact, we are seeing more of these cases than alcohol cases lately.
Marijuana is legal for adults in Nevada, but it is never legal for people under 21. More importantly, it is illegal for anyone to drive while high.
The Science Problem
Here is the issue with Marijuana DUIs: Blood tests can be unfair.
- Alcohol leaves your blood quickly.
- Marijuana (THC) stays in your blood for days or even weeks.
Your child could smoke marijuana on Friday night, be totally sober on Monday morning, and get pulled over on the way to school. If the police take a blood test, it will show THC in their system. The prosecutor will argue they were driving high. We argue science.
At Gowdey Law, we know how to read toxicology reports. We look for the difference between “Active THC” (which makes you high) and “Metabolites” (which just show past use). We fight to prove that your child was not impaired at the time of driving.
Prescription Drugs
Did your child take Xanax, Adderall, or Vicodin? Even if they have a prescription, they can get a DUI if the officer thinks the medicine made them unsafe to drive. These cases are complex and require a lawyer who understands medical evidence.
Learn more about our Drug Crime Defense here.
Now, let’s look at how we defend against an underage DUI charge.
How Do We Defend Against an Underage DUI Charge?
You might think, “They blew a .03. They are guilty. Why do we need a lawyer?”
However, it is crucial to seek legal counsel from an experienced DUI lawyer before making any decisions. Consulting a DUI attorney ensures that your case is thoroughly reviewed, the evidence is challenged, and you fully understand the potential penalties and long-term consequences of an underage DUI charge.
Just because the machine showed a number does not mean the case is over. Police make mistakes. Machines break. Rights get violated.
Defense Strategies Overview
Here is how Michael Gowdey attacks a DUI case:
The Stop
Why did the officer pull your child over?
- Did they really run a stop sign?
- Was a taillight actually broken?
- Or did the officer just see a car full of teenagers and assume they were up to no good? If the officer did not have a valid legal reason (Probable Cause) to stop the car, everything that happened after the stop gets thrown out. The breath test, the confession, the beer cans—all of it. Case dismissed.
The Field Sobriety Tests (The "Roadside Gymnastics")
You know the tests: Walk the line. Stand on one leg. Follow the pen with your eyes. These tests are designed to make people fail.
- Nerves make you shaky.
- Uneven pavement makes you stumble.
- Flashing blue lights make you dizzy. Teenagers are terrified when police pull them over. A 16-year-old shaking with fear looks a lot like a drunk person to a police officer. We use body cam footage to show the judge that your child wasn’t drunk—they were just a scared kid.
The Breathalyzer
Breathalyzers are machines used to administer a breathalyzer test during a DUI traffic stop as part of the evidence collection process. They need to be calibrated. They need to be maintained. If the specific machine used on your child hasn’t been checked recently, the results can be inaccurate. We check the maintenance logs for every single case.
The "Rising Blood Alcohol" Defense
Alcohol takes time to absorb into the blood. If your child drank a beer and immediately drove home, the alcohol might not have hit their brain yet while they were driving. They might have been under the limit behind the wheel, but over the limit later at the police station. We use science to prove this timeline.
After understanding our defense strategies, it’s important to know how the DMV hearing process works.
How to Navigate the DMV Hearing Process
If your child is facing underage DUI charges in Nevada, it’s important to understand that the legal battle doesn’t just happen in criminal court. The DMV hearing is a completely separate process—and it can have a huge impact on your teenager’s ability to drive, regardless of what happens with the actual DUI charges.
What is a DMV Hearing?
After an underage DUI arrest, the Nevada DMV will move quickly to suspend your child’s driver’s license. This is an administrative action, not a criminal penalty, and it happens even before your child ever steps foot in a courtroom. You have a very limited window—usually just seven days from the date of arrest—to request a DMV hearing to fight the suspension.
Why Does This Matter?
Losing a driver’s license can disrupt every part of your child’s life: getting to school, work, sports, or even medical appointments. The DMV hearing is your first and best chance to stop or delay this automatic suspension.
What Happens at the DMV Hearing?
The DMV hearing is not like a criminal trial. There’s no jury, and the rules are different. The hearing officer will review the evidence—such as the police report, breathalyzer or blood test results, and the circumstances of the arrest—to decide if the license should be suspended. This is where having proper legal representation makes all the difference. An experienced attorney can challenge the evidence, question whether the officer followed correct procedures, and argue for your child’s right to keep their license.
Why You Need Legal Representation
Many families make the mistake of thinking the DMV hearing is just a formality. In reality, it’s a critical part of the legal process for underage DUI cases. The outcome can affect your child’s driving record and insurance rates for years to come. With the right legal representation, you can present a strong defense, protect your child’s rights, and sometimes even prevent a license suspension entirely.
Don’t Go It Alone
The DMV hearing process is fast-moving and technical. Missing a deadline or failing to present the right evidence can mean an automatic loss of driving privileges. If your family is facing underage DUI charges, make sure you have a defense attorney who understands both the criminal court and DMV systems. The right legal team can help you navigate every step and fight for your child’s future.
Next, let’s discuss the impact of an underage DUI on your car insurance.
What About the Impact on Car Insurance?
We have to be honest about the money. This is going to be expensive.
According to industry data, adding a teenager to a car insurance policy in Las Vegas is already expensive. If that teenager gets a DUI conviction, rates can increase by 100% to 200%. Some insurance companies will simply send you a “Non-Renewal” notice. They will drop your whole family.
This is why fighting the charge matters. It isn’t just about the court fine. It is about the thousands of dollars you will pay in insurance premiums over the next 3 to 5 years. Investing in a minor DUI defense Henderson lawyer now can save you a fortune later.
Now, let’s address how an underage DUI can affect your child’s future education and job prospects.
Will This Ruin My Child’s Chances for College or a Job?
This is the biggest fear for most parents. You have worked hard to set your child up for success. An underage DUI conviction can have serious non legal consequences, including negative impacts on education, employment opportunities, and personal reputation that may last for years.
College Applications: Many colleges ask about criminal history. A DUI conviction can be a red flag. It can also affect scholarships and financial aid.
Background Checks: If your child wants to be a nurse, a pilot, a teacher, or join the military, a DUI record can be a major hurdle.
The Solution: Sealing the Record In Nevada, juvenile records do not disappear automatically when your child turns 18. You have to file a petition to seal them.
- If we can get the case dismissed or diverted, we can often seal the record immediately or very quickly.
- If there is a conviction, you have to wait.
At Gowdey Law, we don’t just handle the arrest. We help you plan for the future. We advise you on when and how to seal the record so your child can answer “No” on job applications.
Let’s now compare the benefits of hiring a private attorney versus a public defender.
Why Should I Hire Michael Gowdey Instead of a Public Defender?
You have the right to a public defender if you qualify financially. Public defenders are hardworking lawyers. But they are overworked. They might have 50 other cases that day.
When you hire private counsel, you get:
Time
We sit down with you. We answer your calls. We explain every step.
Investigation
We pull the body cam footage. We visit the scene of the arrest. We dig deeper.
Communication
You aren’t just a file number. You are a worried parent, and we treat you that way.
Experience
Michael Gowdey has been practicing for over 30 years. He knows the judges. He knows the strategies that work in Las Vegas courts. Our law firm has extensive experience and resources dedicated to defending underage DUI cases, ensuring your child receives the strongest possible representation.
Your child’s future is worth more than a “quick plea deal.”
Next, let’s summarize the key takeaways for parents dealing with underage DUI charges.
Key Takeaways for Parents
- Zero Tolerance: The limit is 0.02%, not 0.08%. One drink is too many.
- License Loss: Expect a 90-day suspension minimum if convicted.
- Juvenile vs. Adult: Age 18 is the cutoff, but 18-20 year olds still face “Underage DUI” rules.
- Drugs Count: Marijuana creates tricky legal situations because it stays in the blood so long.
- Insurance Spikes: Fighting the DUI is the best way to protect your insurance rates.
- Sealing Records: Records don’t vanish at 18. You must take legal action to clear them. Nevada courts may also require participation in DUI education programs or alcohol education programs as part of sentencing or for license reinstatement, and may accept court-approved online or virtual programs.
Now, let’s answer some of the most frequently asked questions about underage DUI in Las Vegas.
Protect Your Child’s Future. Call Us Today.
Your teenager made a mistake. Do not let the legal system define the rest of their life by it.
At The Law Offices of Michael I. Gowdey, Ltd., we are dads, we are community members, and we are fighters. We know how to navigate the Clark County courts to get the best possible outcome for your family.
We serve clients in Las Vegas, Henderson, North Las Vegas, and Boulder City.
Don’t wait. The clock is ticking on your child’s license suspension.
Contact us now to schedule a consultation. Let us stand between your child and the court.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
FAQS
Frequently Asked Questions (FAQs) About Underage DUI
1. Does my child have to do field sobriety tests?
Answer: Legally, no. In Nevada, you are required to take the breath or blood test if arrested (Implied Consent), but the roadside tests (walking the line, etc.) are voluntary. However, most kids don’t know this and do them because they are scared.
2. Can I (the parent) be held responsible?
Answer: If you knowingly provided the alcohol or allowed the party at your house, yes. Nevada has “social host” liability laws. You could be fined or even sued if someone got hurt.
3. Will my child go to jail?
Answer: For a first-time misdemeanor DUI, jail time for a minor is rare. We fight for community service, education, or house arrest instead. The court wants to teach them a lesson, not lock them up with hardened criminals. Young drivers facing a juvenile DUI conviction under Nevada’s underage DUI laws may face unique challenges, including strict penalties and long-term consequences.
4. What if my child refused the breathalyzer?
Answer: This makes things harder. Under “Implied Consent” laws, refusing the test triggers an automatic 1-year license revocation by the DMV. This is separate from the court case. We can request a DMV hearing to fight this, but we have to act fast. It is crucial to keep track of all court dates in underage DUI cases, as missing a court appearance can result in additional penalties.
5. Is a DUI a felony for a minor?
Answer: Usually, it is a misdemeanor. It only becomes a felony if:
- Someone was killed or seriously injured.
- It is a third offense within 7 years.
6. How long does a DUI stay on their record?
Answer: A DUI conviction stays on a criminal record forever unless it is sealed. For insurance/DMV purposes, it usually affects rates for 3 to 7 years. For a juvenile DUI conviction, there is a process to seal the record once the young person reaches adulthood, which can help minimize the long-term impact on their future opportunities.
7. Can we get the body camera video?
Answer: Yes. As your attorneys, we will demand all evidence from the prosecutor, including the video of the stop. This is often where we find the evidence to win the case.
8. What is the “Youthful Offender” program?
Answer: While not available in every court, some judges allow special programs for young adults (18-24) to complete intensive education in exchange for reduced charges. For underage DUI in Nevada, the legal framework for juvenile DUI may also provide alternative sentencing options for eligible young people.
9. Can my child still drive to school?
Answer: If the license is suspended, no. Driving on a suspended license is a new crime that carries mandatory jail time. We can apply for a restricted license after 45 days in some cases, but until you have that paper in hand, they cannot drive.
10. How much does a DUI lawyer cost?
Answer: Fees vary based on the complexity of the case (was there an accident? was it drugs or alcohol?). We offer transparent pricing and consultations to help you understand the investment.