Underage (Under 21) DUI in Nevada – How It Works

Under Nevada’s “zero tolerance” rule, drivers under 21 face a 90-day driver’s license suspension if an evidentiary breath- or blood test shows a blood alcohol concentration (BAC) of at least 0.02% but below 0.08%. It does not matter if the driver was unimpaired and driving safely.

This 90-day driver’s license suspension for “underage DUIs” is not a criminal penalty. It is an administrative consequence imposed by the Nevada DMV specifically on drivers under 21 even when there are no criminal DUI charges.

Criminal DUI

In Nevada, criminal DUI charges apply when a driver of any age either:

• was under the influence of alcohol, regardless of BAC; or
• had a BAC of 0.08% or higher, regardless of impairment.

When a driver under 21 meets either of these conditions, they face a much longer license suspension than 90 days. For a first-time DUI, for example, the DMV will instead impose a 185-day license revocation (with credit for any time already served from the 90-day suspension).

In short, under-21 drivers who are not impaired and have a BAC of 0.02% to less than 0.08% will likely face no criminal charges and only an administrative 90-day license suspension. Though if they are impaired or have a BAC of 0.08% or more, then the criminal court and DMV will prosecute them like any other 21-plus adult.

DUI Penalties

Drivers ages 18 to 20 who are convicted of DUI generally face the same criminal penalties that apply to older drivers, along with a required alcohol or drug evaluation. A first-time misdemeanor DUI conviction can carry:

• Incarceration: 2 days to 6 months in jail, or 48 to 96 hours of community service;
• Fines: $400 to $1,000, plus applicable court costs;
• Driver’s License Revocation: 185 days, although the driver may be eligible to obtain an ignition-interlock driving privilege;
• Education: Completion of an approved DUI School class and Victim Impact Panel.

DUI defendants under 18 are generally handled in juvenile court, although certain felony cases may be certified for prosecution in adult criminal court.

DUI Defenses

• Constitutional Errors: Police may have lacked reasonable suspicion for the traffic stop, probable cause for the arrest, or lawful grounds for a search.
• Procedural Errors: Officers may have failed to follow the procedures required for field sobriety testing, chemical testing, or the administrative suspension.
• Testing Errors: The breath-testing device may have been improperly maintained or calibrated, or a blood sample may have been contaminated or mishandled.
• Medical Issues: Acid reflux, diabetes, or another medical condition may have affected the chemical-test result.

Clients are frequently surprised that a BAC of just 0.02% can trigger a DMV administrative consequence without proof of impairment. We examine the traffic stop, testing timeline, breath-device calibration, blood-sample handling, and whether officers followed Nevada’s required procedures to identify grounds for challenging the suspension or any separate criminal allegation.

In this article, our Las Vegas DUI lawyers will address the following key issues regarding underage DUI in Nevada:

• 1. DMV Hearing
• 2. Criminal vs. Juvenile Court
• 3. Penalties
• 4. Driver’s License
• 5. Defenses
• 6. Record Seals
• Frequently-Asked-Questions
• Additional Resources

1. DMV Hearing

Nevada’s 0.02% rule is an administrative driver’s license law, not a separate per se criminal DUI offense. If an evidentiary breath- or blood test shows that a driver under 21 had a BAC of at least 0.02% but less than 0.08%, the Nevada DMV must generally suspend the person’s license, permit, or driving privilege for 90 days.¹

At any point before the 90-day suspension is over, you can request a DMV hearing to contest the suspension. A DMV hearing is an administrative trial where the hearing officer determines whether:

1. You were under 21 years old;
2. The chemical test result fell within the 0.02%-to-under-0.08% range; and
3. The officer had reasonable grounds and complied with the procedures required for the suspension.

Since a DMV hearing is not a criminal proceeding, the State does not have to prove “underage DUI” beyond a reasonable doubt.² The State has a much lower evidentiary threshold, which reflects Nevada’s zero-tolerance policy for underage drinking and driving.³

2. Criminal v. Juvenile Court

The 0.02% administrative suspension is handled through the Nevada DMV, not as a criminal or juvenile DUI conviction. If the State separately alleges criminal DUI, whether the case proceeds in criminal court or juvenile court generally depends on:

1. If you are at least 18, and
2. Whether the DUI is a misdemeanor or a felony.

If you are 18, 19, or 20, a criminal DUI charge is handled in adult criminal court.⁴

If you are under 18 and accused of a misdemeanor DUI, your case is generally handled in juvenile court.⁵

Finally, if you are under 18 and accused of a felony DUI, your case generally starts in juvenile court. Depending on your age, the charge, and the governing certification statute, the prosecutor may ask the judge to “certify” you as an adult and transfer the case to criminal court.⁶

3. Penalties

In Nevada, the 90-day driver’s license suspension for a BAC of 0.02% to under 0.08% is an administrative consequence, not a criminal DUI sentence. If a driver under 21 is separately adjudicated delinquent or convicted of criminal DUI, there are additional consequences.

Juvenile Court

If you are adjudicated delinquent in a Nevada juvenile court for conduct that would constitute DUI if committed by an adult, the court must order an alcohol or drug evaluation and may impose additional rehabilitative conditions. Depending on the case, the disposition may include:

• An alcohol and drug evaluation;⁷
• Educational classes on the dangers of DUI;
• Community service and/or fines;
• An order to avoid any further arrests or citations other than minor traffic offenses; and
• A suspended juvenile hall sentence that will not be imposed as long as you complete the other sentencing terms.⁸

Criminal Court

If you were under 21 when you committed a first criminal DUI and are convicted in Nevada criminal court, the court must order an alcohol or drug evaluation before sentencing.⁷ You otherwise face the criminal penalties that apply to DUI defendants generally.

The standard “mandatory minimum” penalties for a first-time misdemeanor DUI conviction include:

• 185-day driver’s license revocation;
• $400 to $1,000 in fines;
• DUI School;
• A MADD victim impact panel;
• An order to avoid any further arrests or citations other than minor traffic offenses; and
• A six-month suspended jail sentence, which means you will do no more jail time as long as you complete the above sentencing terms.

Second-time DUI cases result in harsher penalties, including 20 days of mandatory jail time and a one-year license revocation. Meanwhile, it is an automatic felony carrying prison to get a DUI 3rd or a DUI causing serious injury or death. For a complete discussion, refer to our page on Nevada DUI penalties.⁹

Depending on the evidence and Nevada’s restrictions on DUI plea bargaining, the D.A. may agree to reduce a DUI charge to reckless driving.¹⁰ If the parties cannot reach an acceptable plea agreement, the defense can prepare to challenge the charge at trial.¹¹

Additional Consequences

Some schools and universities impose their own punishments for students and prospective students who get drunk driving convictions. These sanctions may include expulsion, suspension, or disqualification from applying in the first place.¹²

Additionally, car insurance companies tend to be very harsh on underage drivers who pick up DUIs. They may increase the premium rates or even cancel the policy.

Therefore, drivers under 21 who get arrested for intoxicated driving in Nevada are strongly encouraged to retain private counsel to try to get their charges dismissed or reduced.

4. Driver’s License

If an evidentiary test shows that you were under 21 and had a BAC of 0.02% to under 0.08%, your driver’s license, permit, or privilege to drive will generally be suspended for 90 days.¹³

If your BAC was 0.08% or higher, you face the same DMV penalties as drivers 21 and older do, as the following table shows.¹⁴

DUI Offense	Length of Driver’s License Revocation
1st DUI (within 7 years)	185 days
2nd DUI (within 7 years of the first)	1 year
3rd DUI (within 7 years of the first)	3 years

However, you may be able to continue driving with an ignition interlock device in your vehicle. Furthermore, you need to maintain SR-22 insurance for three years to reinstate and keep your driver’s license.

As discussed earlier, you can contest your driver’s license suspension or revocation at a DMV administrative hearing. The DMV matter is separate from any criminal or juvenile case, so a favorable result in one does not automatically resolve the other.¹⁵

5. Defenses

Here at Las Vegas Defense Group, we have represented thousands of people accused of driving under the influence of alcohol or drugs, including drivers under 21. The available defenses depend on whether we are challenging the 0.02% administrative suspension, a criminal DUI charge, or both. Potential DUI defenses include:

1. The police lacked reasonable suspicion to pull you over for the traffic stop.
2. The police lacked probable cause to arrest you.
3. The breath test equipment was not maintained or calibrated properly.
4. The blood test sample was contaminated.
5. You had not been drinking, and mouth alcohol or another source interfered with a breath result.
6. You suffered from a medical condition that caused a high BAC, such as GERD, acid reflux, heartburn, diabetes, hypoglycemia, auto-brewery syndrome, or rising blood alcohol.
7. The police did not administer the field sobriety tests in accordance with standardized National Highway Traffic Safety Administration (NHTSA) procedures. These tests include the horizontal gaze nystagmus test, one-leg stand test, and walk-and-turn test.

When defending against drunk or drugged driving allegations, we conduct a thorough examination of all the evidence. Plus, we conduct a thorough investigation to uncover any evidence the police missed.

Typically, we rely on eyewitnesses, surveillance video, medical records, the police report, and expert testimony in an effort to get a DUI charge reduced or dismissed.¹⁶

6. Record Seals

If and when you can get a DUI record seal in Nevada depends on whether the case was in juvenile court or criminal court.

Juvenile Court

In Nevada, juvenile records are generally sealed automatically within 60 days after you turn 18. If the juvenile court or another agency still has jurisdiction at that time, the records are generally sealed within 60 days after that jurisdiction ends.¹⁷ A child may also petition for sealing no earlier than three years after the last qualifying juvenile adjudication or supervision, provided no delinquent or criminal charges are pending and the other statutory requirements are met.¹⁸

Learn more about juvenile record seals.

Criminal Court

In Nevada, felony DUI convictions can never be sealed. For misdemeanor DUI convictions, you can petition the court for a record seal seven years after the case ends.

If your case gets reduced to a misdemeanor reckless driving, the wait time to seal is only one year after the case ends. If your case gets dismissed, you can petition for a record seal immediately.¹⁹

Learn more about criminal record seals.

Frequently-Asked-Questions

What is the blood alcohol limit for drivers under 21 in Nevada?

For Nevada drivers under 21, a BAC of at least 0.02% but below 0.08% generally triggers a 90-day administrative license suspension. It does not, by itself, establish criminal DUI. Criminal DUI generally requires proof of impairment or a BAC of at least 0.08%.

Nevada BAC Rule	What It Means
Under 21: 0.02% to under 0.08%	Generally triggers a 90-day administrative license suspension; it is not per se criminal DUI.
Any age: 0.08% or higher	Meets Nevada’s per se BAC threshold for a noncommercial criminal DUI charge. This carries a longer license revocation (185 days for 1st DUI; 1 year for 2nd DUI; 3 years for 3rd DUI).
Any age: under 0.08%	A criminal DUI charge remains possible if the State can prove the driver was under the influence.

Where will my underage DUI case be handled – juvenile or criminal court?

The 0.02% suspension is handled administratively through the Nevada DMV. A separate criminal DUI charge against someone who is 18 to 20 is handled in adult criminal court. A misdemeanor allegation against a driver under 18 is generally handled in juvenile court; a felony allegation may be eligible for transfer to adult court under Nevada’s certification laws.

How long will my license be suspended for an underage DUI?

For a BAC of at least 0.02% but below 0.08%, a driver under 21 generally faces a 90-day suspension. A BAC of 0.08% or higher and a DUI conviction can trigger different revocation periods; first offenses generally carry 185 days, second offenses within seven years carry one year, and qualifying felony offenses carry three years.

When can I get my underage DUI record sealed in Nevada?

Juvenile records are generally sealed automatically within 60 days after the person turns 18 or, if jurisdiction continues, within 60 days after it ends. In adult criminal court, a misdemeanor DUI conviction is generally eligible for sealing after seven years, while specified felony DUI convictions cannot be sealed. A misdemeanor reckless-driving conviction is generally eligible after one year.

Additional Resources

If you are a young person struggling with alcoholism, refer to the following for help:

• Teen Alcohol Abuse & Treatment Guide – Information and resources by American Addiction Centers.
• Alcoholics Anonymous – 12-step program to overcome alcoholism.
• Underage Drinking – Fact sheet by the Centers for Disease Control and Prevention (CDC).
• Get the Facts About Underage Drinking – Statistics provided by the National Institute on Alcohol Abuse and Alcoholism.
• SAMHSA’s National Helpline – 24/7 treatment referral and information service.

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