DUI/ Alcohol Crimes

Whether charged as a misdemeanor or a felony, DUI law is one of the most technically complex fields that exist in criminal law. From the second police are called all the way to a test of your blood or breath, there are numerous procedures, rules and requirements that need to be followed.


When those technical rules aren’t followed, you may be able to get a reduction or dismissal of the charge. Sometimes, a trained legal eye can spot enough issues that a DUI charge can be reduced to a traffic ticket, or a felony DUI reduced to a misdemeanor.


Felony DUI charges are also one of the few that carry mandatory prison terms in Nevada, meaning that you cannot be released on probation. When the stakes are this high, getting the right attorney can truly make the difference between prison and freedom.


Lipp Law has extensive experience with all aspects of DUI and alcohol-related crimes, and unlike other law firms, we strive to stay on top of the most recent legal and technological developments in DUI law. Whether at the misdemeanor or felony level, having the upper hand in this technical know-how can make all the difference in a case.


If you or someone you know has been charged with DUI or any type of alcohol related crime, contact Lipp Law today for a free consultation to discuss your rights.

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Frequently Asked Questions

Las Vegas is perhaps the only truly 24-hour city. Bars, restaurants, liquor stores and grocery stores are open 24 hours a day all across the Las Vegas valley. Moreover, every gaming establishment in town serves free drinks to patrons who are gambling. The inevitable consequence of all of this is that there are often far too many people who get behind the wheel after a few drinks. As a result, Driving Under the Influence (commonly referred to as a “DUI”) is one of the most common crimes cited in Las Vegas, and the laws regarding convictions can be difficult to understand.

“DUI” stands for “Driving Under the Influence”. While, this is generally thought of as driving under the influence of alcohol, it also applies to driving under the influence of drugs.

PLEASE NOTE: All of the information given on this page is stated as it pertains to alcohol related DUIs, but applies to medication and illegal narcotics as well.

  • What should I do if I've been charged with a DUI?

    As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.


    With a DUI, it is particularly important that you speak with an experienced attorney because the hiring of an attorney shows dedication to completing your requirements and putting the DUI behind you. Prosecutors are usually more willing to offer or accept plea bargains for people who have hired representation, and the judges are generally more likely to be lenient when you show that you understand the seriousness of the charges by hiring an attorney.

  • What are the possible penalties?

    It is important to understand that the penalties for a DUI are heavily dependent on the circumstances of your arrest. The level of your intoxication, how many DUIs you had in the previous 7-year period, and whether you were pulled over or involved in a crash can all affect the penalties that are imposed.

  • So DUI's basically fall off my record after 7 years?

    Not exactly, after 7 years, a conviction, “no contest,” or “guilty” plea do not count towards whether you will be charged with a “First Offense,” “Second Offense,” or “Third Offense.” However, those old convictions will likely still be taken into account when determining your sentencing (or possible plea deals either, for that matter), meaning that you will likely be sentenced to the upper limits of the potential penalties.

  • What other circumstances will be taken into account?

    The arresting officer will note everything from your demeanor after being pulled over, your compliance with the officer’s requests, and your attitude towards being pulled over or arrested. All of this information will be considered when plea bargains are offered by the prosecutor prior to trial and will be considered by the judge during sentencing if you are subsequently convicted.


    Prior DUIs are generally the most important circumstance, but because everyone reacts to intoxication differently, the level of your intoxication is also taken into consideration in most cases.


    For example, if you are involved in a minor car crash, and an officer arrives on the scene and determines that your Blood Alcohol Concentration (“BAC”) is found to be 0.16 (twice the legal limit of 0.08), then your potential plea deals and potential sentencing if convicted will likely involve harsher penalties than if your BAC was found to be just barely over the 0.08 limit.


    Similarly, if you act belligerently towards the arresting officer, are violent or aggressive towards anyone else throughout the process of your arrest, you are more likely to face harsher penalties and more strict plea deals than if you are docile and comply with all officer requests.

  • How is the BAC determined?

    Generally speaking, if an officer suspects that you have been drinking, they will ask you to submit to a breathalyzer. The breathalyzer measures the amount of alcohol on your breath and is generally used as a preliminary test to determine if you need to be tested in a more precise manner.


    In other cases, and sometimes in place of the breathalyzer, you will be asked to submit to a blood test so that the actual BAC can be determined. Generally speaking, Nevada Courts will not allow the results of any blood test taken more than 2 hours after you have been pulled over. The Courts recognize that any test taken after that 2 hour time frame do not reflect your BAC at the time you were pulled over.


    BAC refers to the concentration of alcohol in your blood stream. The legal limit in Nevada, for persons over the age of 21 is 0.08, which means that 0.08% of your bloodstream is composed of alcohol.

  • What if I have a BAC exactly at the legal limit?

    The BAC limits are per se laws, meaning that if you are shown to have a BAC of exactly 0.08, you have violated the law. If your BAC shows as 0.079, you are under the limit.


    However, it is extremely important to note that you can still be arrested if your BAC is under the legal limit. In fact, you can be arrested with any amount of alcohol in your system, so long as the alcohol is detectable to the arresting officer.


    PLEASE NOTE: The 0.08 BAC limit applies only to drivers over the age of 21 who are hold a category C license, allowing them to drive common passenger vehicles. For anyone who holds a license for commercial vehicles, the limit for BAC is 0.04. For drivers under the age of 21, the BAC is 0.02. All of the information contained in this article is stated in relation to the general 0.08 limit, but applies equally to drivers under 21 and those with a commercial vehicle license.

  • Can I refuse to be tested?

    Technically, yes. However, Nevada maintains what is known as “implied consent,” which means that you are required to submit to BAC testing when requested by a police officer. However, you can request that the testing be done by drawing blood, and skip the breathalyzer. Unfortunately, if you choose to refuse the preliminary breath test (often referred to as a PBT), the officer may – and usually will – suspend your license and arrest you for a DUI.


    Please Note: The PBT results are inadmissible in court to show that you were driving under the influence. HOWEVER, the results can be used to show that the officer had “reasonable grounds” to arrest you. Since any alcohol in your system is enough to provide an officer with reasonable grounds to arrest you, as discussed above, the results of a PBT can be used to show that there was alcohol in your system at the time of the arrest, even though it cannot be used as evidence of your exact BAC.


    Once you have been taken back to the police station, you will be asked to submit to either an Evidentiary Breath Test or a Blood Test.


    Evidentiary Breath Tests are supposedly more sophisticated than the PBT, and therefore expected to be more accurate. Consequently, the results of an Evidentiary Breath Test are admissible in court to show that your BAC was above the legal limit.


    You should not refuse to submit to the blood test (also referred to as a “chemical test”). While you are legally allowed to refuse the test, law enforcement is legally permitted to obtain a blood sample to conduct the testing. In other words, the officer may direct that reasonable force be used to the extent necessary to obtain the blood sample. Moreover, should you refuse to submit to the testing, your license will also be suspended for 1 year.

  • How can I know I've had too much to drink to be able to drive?

    As noted above, the BAC limits are basically nothing more than guidelines, given that you can be arrested with any amount of detectable amount of alcohol in your system, we strongly recommend that if you have had anything to drink (or have consumed any illegal narcotic, prescription medication, or over-the-counter medication that can affect your ability to drive) you refrain from driving altogether.


    However, in general, the charts below provides the approx. BAC per-alcoholic drink.

Male
Drinks 180lbs 220lbs
1 .02 .02
2 .04 .03
3 .06 .05
4 .08 .07
5 .10 .08
Female
Drinks 100lbs 140lbs
1 .05 .03
2 .09 .06
3 .14 .10
4 .18 .13
5 .23 .16

The above charts should only be used as a reference, as alcohol affects everyone differently. In determining how these charts applies to you, keep in mind that muscle mass, and how quickly you drink will affect your exact BAC.


IMPORTANT NOTE: Time is the only thing that can lower your BAC. Food, coffee, and water will not “sober you up.” As a general rule of thumb, for every hour after you’ve stopped drinking, you can subtract .01 from the numbers above, assuming you are not drinking any more. So, if you are a 180 pound male who has had 3 drinks, your BAC would be .06. It would fall to .05 1 hour later (as long as you are not drinking any more), .04 2 hours after you stopped drinking, .03 3 hours after you stopped drinking, and so on.New Paragraph

Penalties

What you need to know

Okay, so what are the penalties?

As noted above, the penalties for a DUI depend largely on whether this is your first, second, or third DUI in the previous 7 years.

The penalties are also largely dependent on the circumstances of your arrest.


I've heard of people being ordered to wear a bracelet that registers alcohol, what is that?

Those bracelets are known as SCRAM bracelets, which stands for Secure Continuous Remote Alcohol Monitor.

In some DUI cases, the Court will require that you completely stop drinking during the term of probation. To enforce this probationary term, the court will order you wear a SCRAM bracelet (which is actually worn on the ankle) to monitor your alcohol levels. The device is tamper-resistant and measures BAC approx.ly once every hour to deter the wearer from drinking. The device works by testing the amount of alcohol secreted through the skin.


If the SCRAM device registers alcohol in the wearer’s system, the device will notify the monitoring center, who then informs local law enforcement to arrest the wearer. At your next hearing after this arrest, the Judge will most likely rule that you have violated the terms of your probation and will sentence you to whatever jail time was “suspended” in favor of probation.

For a “First” Offense, you will be facing:

  • Between 2 days and 6 months in jail OR 24 to 96 hours of community service;
  • Nevada DUI school (an alcohol awareness program that you will have to pay for over-and-above any fines imposed by the court);
  • Nevada Victim Impact Panel (usually put on by Mothers Against Drunk Driving – MADD – and involves hearing the stories of people affected by drunk driving. If there is any cost associated for this, you will be required to pay for it over-and-above any fines imposed by the Court);
  • Fines ranging from $400 to $1,000, plus court costs; and
  • The court may require that an ignition interlock device be installed on your vehicle for 3-to-6 months, at your expense; and
  • 90-day suspension of your driver’s license and $35 civil penalty fee.

If your BAC was 0.18 or greater:


  • You may be required to attend an alcohol or drug abuse treatment program;
  • The Court may require that an ignition interlock device be installed on your vehicle for 12-to-36 months at your expense;
  • The Court may require that you submit to an alcohol/drug dependency evaluation that will cost you $100 over-and-above all of the other costs listed above.

If you are under 21 at the time of your arrest:


  • The Court will likely require that you submit to an alcohol/drug dependency evaluation that will cost you $100 over-and-above all of the other costs listed above.

For a “Second” Offense, you will be facing:

  • Between 10 days and 6 months in jail OR residential confinement (house arrest);
  • Nevada Victim Impact Panel (usually put on by Mothers Against Drunk Driving – MADD – and involves hearing the stories of people affected by drunk driving. If there is any cost associated for this, you will be required to pay for it over-and-above any fines imposed by the Court);
  • Fines ranging from $750 to $1,000, or the equivalent number of hours of community service, plus court costs;
  • An alcohol/drug dependency evaluation that will cost you $100 over-and-above all of the other costs listed above.
  • The Court may order that an Ignition Interlock be installed for 3-to-6 months, at your expense;
  • Suspension of your driver’s license for up to 1 year (with the possibility that your license will be revoked entirely), along with a 5-day registration suspension and a $35 civil penalty; and
  • A lengthy alcohol or drug abuse treatment program (handled through the DUI court).

If your BAC was 0.18 or greater:


  • The Court may require that an ignition interlock device be installed on your vehicle for 12-to-36 months, at your expense.

For a “Third” Offense, you will be facing felony charges, carrying:

  • Between 1 and 6 years in a Nevada State Prison;
  • Nevada Victim Impact Panel (usually put on by Mothers Against Drunk Driving – MADD – and involves hearing the stories of people affected by drunk driving. If there is any cost associated for this, you will be required to pay for it over-and-above any fines imposed by the Court);
  • Fines ranging from $2,000 to $5,000, or the equivalent number of hours of community service, plus court costs;
  • An Ignition Interlock device installed in your car for 12-to-36 months, at your expense, after your release;
  • A 3-year driver’s license suspension or revocation, 5-day registration suspension and a $35 civil penalty fee; and
  • An alcohol and drug evaluation, at your expense.

If you are arrested for a DUI after causing a crash that injures or kills another person, then you will be facing category B felony charges, which carry the possible penalties:


  • Between 2 and 20 years in a Nevada State Prison;
  • Nevada Victim Impact Panel (usually put on by Mothers Against Drunk Driving – MADD – and involves hearing the stories of people affected by drunk driving. If there is any cost associated for this, you will be required to pay for it over-and-above any fines imposed by the Court);
  • Fines ranging from $2,000 to $5,000, or the equivalent number of hours of community service, plus court costs;
  • An Ignition Interlock device installed in your car for 12-to-36 months, at your expense, after your release;
  • A 3-year driver’s license suspension or revocation, 5-day registration suspension and a $35 civil penalty fee; and
  • An alcohol and drug evaluation, at your expense.

If you have 3 previous DUI convictions (regardless of how long ago they were), and you cause a fatality while driving under the influence, you can be charged with vehicular manslaughter, which is charged as a category A felony, and can carry:


  • 25 years-to-life in a Nevada State Prison, with the possibility of parole after 10 years;
  • Any of the other DUI related penalties listed above, as the Court sees fit, including classes, alcohol evaluation, and fines.

Defense

We at LippLaw are dedicated to giving you the best defense for your case.

Are there any defenses?

Yes, of course there are. Many of the defenses, and other tactics your attorney may employ revolve around the exact circumstances of your arrest:

No evidence of BAC over .08

If you have been pulled over on suspicion of drunk driving, the officer has 2 hours to administer an Evidentiary Breath Test or a Blood test. If no such test is administered, then the Court’s cannot convict you of a DUI, and the charges should be dropped or dismissed. However, in practice, the prosecutor will generally alter the charges to something vague like “driving recklessly” instead of continuing with the DUI charges.

No admissible results of BAC over .08

Similar to the defense that there is no evidence of a BAC over the limit is the defense that there is no admissible evidence that your BAC was over the limit. If the officer does not administer an Evidentiary Breath Test or blood test within 2 hours after the arrest, then the Courts will generally not allow the admission of the test results because they are not symbolic of your BAC at the time you were pulled over. It is also important to know that regardless of the claim that the Evidentiary Breath Test being much more accurate than the PBT, in reality, even these tests are often incorrect. An experienced DUI attorney can often find ways to show that the results of these tests are inadmissible. If the tests of an Evidentiary Breath Test or blood test are inadmissible, then there is no evidence of your BAC, and the charges against you should be dropped or dismissed. However, once again you should be aware that this more often leads to a change in the charges than to the charges being dropped altogether.

No reasonable grounds for arrest

As noted above, if you have been pulled over on suspicion of drunk driving, the officer can arrest you only if there is reasonable grounds for the arrest. If the officer did not administer any field sobriety tests, or ask you to submit to a PBT, then an experienced attorney may be able to argue that the arrest was not premised on any “reasonable grounds”.

SCRAM False Positive

SCRAM devices are touted as being infallible, but they do make mistakes at times. Unfortunately, proving that the device provided a false positive is very difficult. The Judge has the discretion whether to give you another chance or to send you to jail. Hiring an experienced DUI attorney can often help show the Court that you are serious about the charges and believe that the device provided a false positive. An experienced attorney can also help in how to present your case to the Court for the best possible results.

Can I plead out of my DUI charges?

Judges are also aware that people make mistakes and that sometimes, they should be given a second chance.

As such, many DUI cases plea bargain for lesser charges. Generally speaking, the District Attorney will require that you complete the sentencing requirements for your DUI charge (whether it be a first or a second) within a certain amount of time. If you complete the requirements within that time, then the DA will usually agree to a conviction for a lesser charge, such as “reckless driving” or “wet and reckless.”


It is very important to note that if you agree to such a plea bargain, the charges are not lessened until after you complete the requirements. If you do not complete the requirements in time, the Judge has discretion to require that you complete the maximum possible sentence for your DUI, regardless of how much of the plea bargain you had already completed.

If you are being charged with your third DUI within 7 years, then you will be unable to plea down to a lesser charge. The enhancement for a third DUI in 7 year is automatic, and you will be charged with a felony.

THE ABOVE INFORMATION IS PROVIDED FOR GENERAL REFERENCE PURPOSES AND SHOULD NOT BE CONSIDERED AS A GUIDE TO YOUR SPECIFIC CIRCUMSTANCES.

Related Laws

Laws as defined by the NRS and explanations

Driving Under The Influence Of Alcohol Or A Prohibited Substance

  • NRS 484C.110 - Unlawful acts relating to operation of vehicle

    Unlawful acts relating to operation of vehicle; affirmative defense; additional penalty for violation committed in work zone or pedestrian safety zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

          1.   It is unlawful for any person who:

          (a) Is under the influence of intoxicating liquor;

          (b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or

          (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath;

          to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.


          2.   It is unlawful for any person who:

          (a) Is under the influence of a controlled substance;

          (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

          (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle;

          to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.


          3.   It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of any of the following prohibited substances in his or her blood or urine that is equal to or greater than:

          [Prohibited Substance]   -   [Urine]   -   [Blood]

          (a) Amphetamine   -   500ng/ml   -   100ng/ml

          (b) Cocaine   -   150ng/ml   -   50ng/ml

          (c) Cocaine metabolite   -   150ng/ml   -   50ng/ml

          (d) Heroin   -   2,000ng/ml   -   50ng/ml

          (e) Heroin metabolite:

                   (1) Morphine   -   2,000ng/ml   -   50ng/ml

                   (2) 6-monoacetyl morphine   -   10ng/ml   -   10ng/ml

          (f) Lysergic acid diethylamide   -   25ng/ml   -   10ng/ml

          (g) Methamphetamine   -   500ng/ml   -   100ng/ml

          (h) Phencyclidine   -   25ng/ml   -   10ng/ml

          

          4.   For any violation that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400, it is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of any of the following prohibited substances in his or her blood that is equal to or greater than:

          [Prohibited Substance]   -   [Blood] 

          (a) Marijuana (delta-9 tetrahydrocannabinol)   -   2ng/ml

          (b) Marijuana metabolite (11-OH-tetrahydrocannabinol)   -   5ng/ml


          5.   If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.


          6.   A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

  • NRS 484C.120 - Unlawful acts relating to operation of commercial motor vehicle

    Unlawful acts relating to operation of commercial motor vehicle; affirmative defense; additional penalty for violation of out-of-service declaration or violation committed in work zone or pedestrian safety zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

          1.   It is unlawful for any person who:

          (a) Is under the influence of intoxicating liquor;

          (b) Has a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath; or

          (c) Is found by measurement within 2 hours after driving or being in actual physical control of a commercial motor vehicle to have a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath;

           to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access.


          2.  It is unlawful for any person who:

          (a) Is under the influence of a controlled substance;

          (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

          (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a commercial motor vehicle;

           to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.


          3.   It is unlawful for any person to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access with any prohibited substance in his or her blood or urine. As used in this subsection, “prohibited substance” means any substance described in 21 C.F.R. § 1308.11.


          4.   If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the commercial motor vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.04 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.


          5.   A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 483.939, 484B.130 or 484B.135.


          6.   As used in this section:

          (a) “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

                 (1) Has a gross combination weight rating of 26,001 or more pounds which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

                 (2) Has a gross vehicle weight rating of 26,001 or more pounds;

                 (3) Is designed to transport 16 or more passengers, including the driver; or

                 (4) Regardless of size, is used in the transportation of materials which are considered to be hazardous for the purposes of the federal Hazardous Materials Transportation Act, 49 U.S.C. §§ 5101 et seq., and for which the display of identifying placards is required pursuant to 49 C.F.R. Part 172, Subpart F.

          (b) The phrase “concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath” means 0.04 gram or more but less than 0.08 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

  • NRS 484C.130 - Vehicular homicide

    Vehicular homicide; affirmative defense. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

          1.  A person commits vehicular homicide if the person:

          (a) Drives or is in actual physical control of a vehicle on or off the highways of this State and:

                (1) Is under the influence of intoxicating liquor;

                (2) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

                (3) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath;

                (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

                (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle; or

                (6) Has a prohibited substance in his or her blood or urine, as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110;

          (b) Proximately causes the death of another person while driving or in actual physical control of a vehicle on or off the highways of this State; and

          (c) Has previously been convicted of at least three offenses.


          2.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.


          3.   As used in this section, “offense” means:

          (a) A violation of NRS 484C.110, 484C.120 or 484C.430;

          (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 484C.110 or 484C.430; or

          (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

Contributing To The Delinquency Of A Minor

  • NRS 201.090 - “Neglected child,” “delinquent child” and “child in need of supervision” defined. 

    “Neglected child,” “delinquent child” and “child in need of supervision” defined.  As used in NRS 201.100 and 201.110, unless the context otherwise requires, a “neglected child,” “delinquent child” or “child in need of supervision” means any person less than 18 years of age:

          1.  Who is found begging, receiving or gathering alms, or who is found in any street, road or public place for the purpose of so doing, whether actually begging or doing so under the pretext of selling or offering for sale any article, or of singing or playing on any musical instrument, or of giving any public entertainment or accompanying or being used in aid of any person so doing.

          2.  Who has no parent or guardian, who has no parent or guardian willing to exercise or capable of exercising proper parental control, or who has no parent or guardian actually exercising such proper parental control, and who is in need of such control.

          3.  Who is destitute, or who is not provided with the necessities of life by his or her parents, and who has no other means of obtaining such necessities.

          4.  Whose home is an unfit place for the child, by reason of neglect, cruelty or depravity of either of his or her parents, or of his or her guardians or other person in whose custody or care the child is.

          5.  Who is found living in any house of ill fame, or with any disreputable person.

          6.  Who is found wandering and either has no home, no settled place of abode, no visible means of subsistence or no proper guardianship.

          7.  Who frequents the company of criminals, vagrants or prostitutes, or persons so reputed, or who is in any house of prostitution or assignation.

          8.  Who unlawfully visits a saloon where any spirituous, vinous or malt liquors are sold, bartered, exchanged or given away.

          9.  Who habitually uses intoxicating liquors or who uses opium, cocaine, morphine, or other similar drug without the direction of a competent physician.

          10.  Who persistently or habitually refuses to obey the reasonable and proper orders or directions of his or her parents, guardian or custodian, or who is beyond the control of such person.

          11.  Who is a habitual truant from school.

          12.  Who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life.

          13.  Who writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct.

          14.  Who violates any law of this State or any ordinance of any town, city or county of this State defining crime.

          Any child who is a runaway, unmanageable or a habitual truant is a child in need of supervision as that term is used in title 5 of NRS, and is not a delinquent child.

  • NRS 201.100 - How offense may be termed

    When the charge against any person under NRS 201.090, 201.100 and 201.110 concerns the neglect of a child or children, or the problems of a child in need of supervision, the offense, for convenience, may be termed “contributory neglect,” and when it concerns the delinquency of a child or children, for convenience it may be termed “contributory delinquency.”

  • NRS 201.110 - Definition; penalties; exception.

          1.  Except as otherwise provided in this section, any person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 to become a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090, 201.100 and 201.110 or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, command or persuasion, induces or endeavors to induce any person under the age of 18 to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person who is a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090, is guilty of contributory neglect or contributory delinquency. Contributory neglect or contributory delinquency is a misdemeanor.


          2.  A person does not commit a violation of subsection 1 by virtue of the sole fact that the person delivers or induces the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.

  • This seems like a very vague crime. What does it really mean?

    You are correct. It is an extremely vague crime. This is, of course, done on purpose to allow prosecutors the ability to decide when they want to charge someone.


    There are basically two elements to the crime of “contributing to the delinquency of a minor:


    • Any person commits an act, or fails to perform some duty; and
    • The act or omission has the tendency to cause a minor to become or remain a “delinquent child,” “neglected child,” or “child in need of supervision” as termed by the Court system.

  • What do you mean by “tendency to cause a minor to become or remain a delinquent”?

    Essentially, committing any act or failing to perform an act, that causes a minor to break a law, or to become a “neglected child,” is a violation of NRS 201.110.


    The definitions of “delinquent child,” “neglected child,” and “child in need of supervision” include:

    • Minors who are begging or otherwise receiving or gathering alms;
    • Minors who are receiving money as a street performer or selling goods on the street or some other public place;
    • Minors who have no parent or guardian willing or capable of exercising parental control;
    • Minors who are destitute or who are not provided with the basic necessities of life;
    • Minors who live in a home unfit for children (whether because of neglect, cruelty or depravity of the other members of the household;
    • Minors who are found living in brothels;
    • Minors found living with any disreputable person;
    • Minors found to be homeless with no means of subsistence or guardians;
    • Minors who have frequent contact and company with criminals, vagrants, or prostitutes;
    • Minors who unlawfully visit business where alcohol is sold or given away;
    • Minors who habitually drink or use recreational drugs;
    • Minors who refuse to adhere to rules set by their parents or guardians;
    • Minors who are habitually truant from school;
    • Minors who are leading, or in danger of leading an idle, or immoral life;
    • Minors who use indecent language or is guilty of indecent conduct; or
    • Minors who violate any law or ordinance of the State.

    Any child that is found to fall into any of the above categories is considered a “delinquent child,” “neglected child,” or a “child in need of supervision.”

  • Penalties and Defenses

    You should know that “contributing to the delinquency of a minor” is a charge that is often used as a plea bargain in more serious crimes. Prosecutors often use “contributing to the delinquency of a minor” as a means of a getting a guilty plea in circumstances where they believe a harsher charge exists, but conviction will be more difficult.


    PENALTIES:

    “Contributing to the Delinquency of a Minor” is a misdemeanor, which means it carries possible penalties of:

    • Up to 6 months in jail; and/or
    • Possible fines up to $1,000.

    DEFENSES:

    Defenses to “Contributing to the Delinquency of a Minor” are highly specific to your individual situation, and are only applicable in very specific situations. Some of the possible defenses may include:

    • No Intent to contribute to a minor’s delinquency – In some rare instances, it can be a defense to state that you had no idea that the person you were assisting was a minor.
    • Parental Consent – Generally only applicable to minors consuming alcohol, parental consent can be a defense when a minor is given a glass of wine with dinner at home or a sip of wine as part of a religious ceremony.
    • Uncontrollable child – In some rare situations, it can be enough to show that you are doing everything in your power to control a minor under your guardianship but that the minor is uncontrollable. In other words, that you were not “contributing” to the minor’s delinquency.

    As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.