Charged with DUI and Child Endangerment: What Happens When There’s a Minor in the Car?

A DUI charge in Nevada is already serious on its own, but if there’s a child in the vehicle, the situation gets a lot worse, very quickly.

 Nevada law treats driving under the influence with a minor passenger as a distinct, aggravated situation. Anyone in this position is not just looking at a DUI anymore. They’re looking at a second criminal charge on top of it.

The Two Charges in Question

When a person is arrested for DUI in Nevada with a child under the age of 15 in the vehicle, prosecutors can charge them with both DUI and child endangerment under NRS 200.508. These are separate offenses.

 The DUI charge follows the standard process. A first offense is usually a misdemeanor, although it can be elevated to a felony depending on the circumstances. The child endangerment charge changes things. In Nevada, child endangerment that involves a substantial risk of harm to the child (a DUI with a minor passenger definitely qualifies) is a Category B felony.

 That means the driver is not looking at misdemeanor-level consequences anymore. A Category B felony in Nevada carries one to six years in state prison and fines up to $10,000, in addition to whatever penalties come with the DUI itself.

Why Are the Penalties So Serious?

Nevada courts treat child endangerment as a crime against a vulnerable victim. The minor in the car had no say in the situation and no ability to protect themselves.

Note that prosecutors don’t need the child to have been injured. Just the risk of harm is enough. If someone was behind the wheel impaired with a child in the vehicle, the state considers the endangerment to have already occurred.

Additional Consequences

Beyond the criminal penalties, a DUI with child endangerment conviction can mean consequences that go well past the courtroom. 

Child Protective Services may decide to investigate, especially if the driver is the child’s parent or guardian. That can have serious implications for custody arrangements, both in ongoing family court proceedings and in future disputes, including restricted parenting rights.

A felony conviction also affects employment, housing eligibility, firearm rights, and in some cases professional licensing.

The Defense Options

Being charged with both DUI and child endangerment doesn’t mean both charges will stick, or that the most severe outcome is inevitable.

An experienced attorney can focus on reducing or eliminating the DUI charge by challenging the legality of the traffic stop, disputing the accuracy of BAC testing, or questioning the administration of field sobriety tests. If the underlying DUI charge can be reduced or dismissed, it affects the entire case, including the endangerment charge.

An attorney can also examine whether the facts support the endangerment charge. The prosecution has to prove that the driver knowingly or willfully caused or permitted the child to be placed in a situation that endangered their health or safety.

Get the Help Needed

A DUI with a minor in the car is one of the more serious situations a Las Vegas defense attorney encounters. The dual charges, the felony exposure, and the potential family law fallout all require someone who knows how to handle the full picture. Contact CEGA Criminal Law Group today.