For many young drivers in Nevada, understanding the state’s strict underage DUI laws can mean the difference between maintaining or losing their driving privileges. At ATAC LAW, we often get questions about what exactly happens when someone under 21 is pulled over and found to have alcohol in their system. Let’s clear up the misconceptions and lay out the facts about Nevada Revised Statute 483.462 and how it impacts underage drivers.
What is a “Underage DUI” in Nevada?
In Nevada, any driver under the age of 21 caught driving with a Blood Alcohol Content (BAC) of 0.02% to 0.08% faces serious consequences. While the legal drinking age in the United States is 21, Nevada enforces a very low tolerance policy for underage drinking and driving.
Immediate License Suspension
Under NRS 483.462, the moment an underage driver is found with a BAC within this range, the process towards penalties begins:
- Breath Test Results: If an underage driver takes a breath test and it shows a BAC of 0.02% or more but less than 0.08%, their license is immediately suspended.
- Blood Test Results: If the test administered is a blood test, the driver gets to retain their license temporarily. The suspension will only be enforced if the blood test results, which may take weeks to process, show a BAC of 0.02% or higher.
What happens after the suspension?
Once a BAC test indicates a violation, the peace officer initiates several procedures:
- Issuance of a Temporary License: If the underage driver is present when tested, they may be issued a temporary license effective 24 hours post-receipt and expires 120 hours later.
- Rights and Reviews: The driver is informed about their right to both administrative and judicial review of the suspension.
- Transmission of Evidence: The law enforcement officer transmits any seized license and the test results to the Department of Motor Vehicles (DMV).
Actions by the DMV
Upon receiving the test results and documentation from the police:
- The DMV reviews the findings and, if deemed appropriate, sends an official suspension notice to the driver.
- The driver is obliged to comply with the suspension order and submit any personal driver’s licenses to the DMV.
For young drivers in Nevada, the message is clear: the only safe BAC level is .00%. This law underscores the state’s commitment to preventing underage drinking and its potential consequences. Understanding these laws can help avoid the severe repercussions that come with an underage DUI arrest.
Nevada enforces a zero tolerance policy for underage drivers. While adults are charged with DUI if their BAC reaches 0.08% or more, drivers under the age of 21 face DUI charges if their BAC is just 0.02% or higher. Even if the underage driver is not impaired and feels sober, they are still subject to DUI charges due to the illegal nature of underage drinking; thus, even a low BAC while driving is regarded the same as a standard DUI.
If you or someone you know is facing charges related to underage DUI, do not hesitate to contact ATAC LAW for guidance and representation. Our experienced legal team is here to help ensure that the rights of the young driver are fully protected throughout the legal process.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.