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DUI with a Child Passenger in Nevada

If you have been arrested for a DUI, having a child under 15 years old as a passenger in the vehicle at the time of your arrest is considered an aggravating factor. Although a first-time DUI conviction generally leads to a suspended sentence, a DUI with a minor passenger will often result in a jail sentence.

In addition, you can also be charged with child endangerment, which is a separate offense from the original DUI charge. The criminal penalties for child endangerment depend on if the child suffered an injury and your criminal history.

The following is a breakdown of the penalties for child endangerment in Nevada:

  1. The child did not sustain an injury and you did not intentionally or willfully place his/her life in danger – The first offense is considered a gross misdemeanor, punishable by a jail term of up to 364 days and/or a fine of no more than $2,000. If you were previously convicted of child endangerment, then the offense is a Category C felony, which carries a maximum prison sentence of five years and/or a fine of up to $10,000.
  2. The child did not suffer an injury, but the offense was committed willfully – This offense is a Category B felony, which carries a prison sentence of up to six years. If you were previously convicted of child endangerment, then the offense is punishable by imprisonment for up to 15 years.
  3. The child suffered serious physical or mental injury – This offense is also a Category B felony, but a conviction can lead to imprisonment for up to 20 years, which is the maximum sentence for this particular type of felony.

Not only does a conviction result in harsh criminal penalties like a lengthy jail sentence, costly fines, and a permanent criminal record, but you could also lose custody of your child. If you are facing DUI with a child passenger, it is wise to have an experienced criminal defense attorney defend you in court.

If you have been arrested for DUI with a child passenger in Reno, contact the Law Offices of Kenneth A. Stover today for a free case review. Let a former prosecutor protect your rights and best interests from start to finish.