As attorneys, we deal with a lot of DWI cases for our clients. Driving under while intoxicated or under the influence of drugs is a serious offense that is strictly enforced by law enforcement. Everyone knows not to drive after drinking on New Year’s Eve or the Fourth of July. Why? Because everyone knows that police officers are actively searching for intoxicated drivers and no one wants to suffer the severe consequences that come with driving intoxicated.  However, while adults may suffer from severe penalties if they drink and drive, what happens if you are caught drinking and driving while under the legal drinking age of 21?

Our attorneys at JK Nelson Law have dealt with many cases involving both DWI’s, as well as minors who were driving while intoxicated. We have all of the experience, knowledge, and compassion to handle your case. We understand that with DWI charges, many questions can arise, which is why we want to help answer some of the questions that we receive the most about minors charged with a DWI.

  • My son/daughter was not over the legal limit, why was he/she arrested?

In Nevada, the legal blood alcohol content limit (known as your B.A.C.) is 0.08%. However, this blood alcohol content limit is not intended for those under the age of 21. If you are a minor, and you are pulled over for having a blood alcohol content higher than 0.00% you could potentially face severe criminal charges. If you, or a loved one, was charged with a DWI, it is extremely important that you contact an attorney immediately, so that you can be sure your case is being handled properly.

  • Will my I, or my son/daughter, have to go to jail if they are charged and found guilty of a DWI?

Depending on the amount of alcohol that was in your system, you may or may not have to go to jail. If you were pulled over and your blood alcohol content is less than 0.08% you likely won’t go to jail. However, if you are 17 years old or older, and your blood alcohol level is above 0.08%, there is a chance that you or your loved one could serve a jail sentence. Those who are 17 years of age and older can receive a jail sentence of anywhere between 3 and 180 days for driving with a blood alcohol level of 0.08%. Jail time and other severe penalties will also increase significantly if you, or your loved one, are a repeat offender.

  • Will my license be suspended or taken away?

If you are under the age of 21 and charged with a DWI, you could potentially have your license suspended for up to 60 days. License suspensions are a common penalty for multiple types of DWI charges.  However, if you are under the age of 21, and had a blood alcohol content of 0.08% or higher, you could potentially have your license suspended anywhere from 90 days to an entire year if you are found guilty.

  • Will I be tried as a juvenile or in the general criminal court?

It is important to note that even if you are 18 or older and charged with an underage DWI, you will be tried as an adult. If you are between the ages of 10 and 17, and charged with an underage DWI, you will be tried in juvenile court as a delinquent. Just because you are not being tried as an adult does not mean that your case is not important. Whether you are being tried as an adult or a juvenile, it is still important that you have an experienced and trustworthy attorney on your side.

Whether you are being tried as an adult, or a juvenile, it is extremely important that you have an experienced, knowledgeable, and compassionate attorney on your side. At JK Nelson Law, we will defend you like we would our family, and will work tirelessly to ensure that you receive the best possible results on your court case. If you or a loved one was recently charged with an underage DWI, it is extremely important that you contact our JK Nelson Law office immediately, so that we can begin building our case to defend you. Contact our Las Vegas office to schedule your consultation.

CategoryCriminal Defense

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