In the state of Nevada, facing charges for driving under the influence (DUI) of alcohol or drugs carries severe penalties, especially when such actions result in substantial harm or even the loss of life. At ATAC LAW, we understand the gravity of these charges and are here to guide you through understanding the legal ramifications and what this means for those involved.
Under Nevada Law (NRS 484C.430), an individual caught driving while impaired, resulting in another person’s injury or death, is committing a Class B felony. This is a serious offense that can lead to:
- Prison Time: Individuals may face between 2 to 20 years in state prison.
- Fines: Financial penalties ranging from $2,000 to $5,000 are imposed.
- License Suspension: A mandatory 3-year suspension of the driver’s license.
This law specifies that any impaired driver who neglects their duty on the roads of Nevada and causes significant harm or death can be held accountable. This is part of Nevada’s stringent efforts to curb DUI offenses and underscore the importance of road safety.
What Constitutes a DUI Resulting in Injury or Death in Nevada?
When a driver operates a vehicle under the influence of alcohol or drugs, leading to another person’s injury or death, they face serious legal consequences. The criteria for this offense include:
- Driving while significantly impaired by alcohol or drugs.
- Having an alcohol concentration of 0.08 or more in the blood or breath within two hours of driving.
- Being under the influence of a controlled substance alone or in conjunction with alcohol.
- Utilizing any chemical, poison, or solvent to the extent that it impairs the driver’s ability to safely operate a vehicle.
Having a prohibited substance in the blood or urine in quantities outlined by Nevada law.
Essentially, this law targets scenarios where a driver’s impaired state results in another person suffering substantial physical harm or death.
Recognizable Injuries Under Nevada’s DUI Law
Injuries that fall under “substantial bodily harm” include, but are not limited to:
- Persistent bruises
- Unending pain
- Bone fractures
- Damage to organs
- Severe burns
- Prolonged loss of consciousness
- Brain injuries such as concussions
- Wounds that need stitching
- Permanent cosmetic damage
- Paralysis
It’s crucial to note that in cases where a DUI leads to someone’s death, the driver cannot be tried for murder as per Nevada law, focusing the charges on the DUI and its direct consequences.
What Are the Legal Repercussions for a DUI Causing Serious Harm or Death in Nevada?
In the state of Nevada, operating a vehicle while impaired by alcohol or drugs, leading to severe injury or a fatality, is categorized as a category B felony. The legal penalties for this offense are substantial and include:
- Incarceration ranging from 2 to 20 years in Nevada State Prison.
- Monetary fines imposed by the court, ranging from $2,000 to $5,000.
- A mandatory revocation of the driver’s license for 3 years by the Nevada DMV.
- The requirement to install and maintain an ignition interlock device for a period ranging from 1 to 3 years as a prerequisite for the reinstatement of driving privileges.
Furthermore, if a minor under the age of fifteen is present in the vehicle at the time of the offense, it can intensify the sentencing, potentially resulting in a longer prison term and increased fines.
In situations where the individual has a history of DUI offenses, specifically three prior convictions, the charge escalates to vehicular homicide if a death occurs due to the DUI. Vehicular homicide is a category A felony, which carries:
- A minimum prison sentence of 25 years, or
- A possible life sentence without parole.
It’s worth noting that the Nevada Department of Corrections usually endeavors to isolate those convicted of DUI from those serving time for violent crimes, often placing them in minimum-security facilities.
How Does a DUI Affect Your Immigration Status?
Despite the serious nature of a DUI charge, it typically does not lead to deportation unless it involves controlled substances. However, the immigration outcomes are never certain. Consequently, non-citizens should consult with a skilled attorney, such as one from ATAC LAW, to ensure the possibility of dismissal or reduction to a lesser offense. This proactive step is crucial to safeguard your immigration status when facing criminal charges.
What Happens to My Driving License After a Felony DUI Conviction in Nevada?
In the event of a felony DUI conviction in Nevada, the law mandates a stringent penalty concerning your driving privileges. Specifically, individuals convicted will see their license suspended for a substantial period of three years. However, this suspension period only commences once the individual is discharged from incarceration.
To face the path to regaining your license, there’s a specific requirement you’d need to fulfill involving vehicle modifications. Specifically, the reinstatement of your driving privileges hinges on installing an ignition interlock device in your vehicle. This device must remain in place for up to three years, serving as a preventative measure against future DUI incidents.
Additionally, it’s important to note a common practice involving the vehicles of defendants in DUI cases within Nevada. Typically, the vehicle involved in the DUI incident is subject to impoundment. This means that apart from facing license suspension and the necessity of installing an ignition interlock device, your vehicle may also be temporarily seized.
What Are the Best Defenses Against DUI Charges With Serious Allegations?
In cases where DUI charges are linked with severe consequences like injury or death, defendants must employ a dual-strategy defense to possibly achieve dismissal of the charges. The first step in this two-pronged defense involves contesting the claim of driving under the influence. The second critical element is disputing the allegation that the defendant was responsible for the injuries or death that occurred.
Here are five robust defenses commonly used to counter DUI charges:
- Challenging the Accuracy of Field Sobriety Tests: Asserting that the sobriety tests were conducted improperly can undermine the prosecution’s evidence.
- Citing Rising Blood Alcohol Content: If the defendant’s blood alcohol content (BAC) was within legal limits while driving, but increased to illegal levels by the time testing was conducted, this argument could be favorable.
- Temporal Gap Between Driving and Drinking: Asserting and proving that the defendant only started drinking after driving can completely negate the DUI charge.
- Questioning the Integrity of Breath or Blood Tests: Demonstrating that these tests were incorrectly administered, or that the equipment was faulty, can significantly weaken the DUI charge.
- Medical Conditions Influencing BAC Tests: Certain health conditions, like GERD (Gastroesophageal Reflux Disease), can cause falsely elevated BAC results in breathalyzer tests. Presenting medical evidence can thus be a pivotal defense.
How to Dispute Allegations of Causing Injury or Death?
Successfully disputing the causal aspect of a DUI charge linked to injury or death often hinges on the availability and strategic use of evidence including:
- Eyewitness Testimony
- Video Recordings from Eyewitnesses
- Law Enforcement Reports
- Surveillance Footage
- GPS Data
- Medical Documentation
Expert Testimony on Accident Reconstruction
Providing substantial evidence and expert testimonies are integral to challenging the assertion that the defendant was responsible for any resultant harm or fatality. By introducing reasonable doubts regarding both the DUI and the causal elements of the charge, a skilled defense attorney from ATAC LAW can significantly bolster the likelihood of contesting the charges successfully.
Can You Get a DUI Charge with Injury or Death Reduced?
Two critical arguments may lend weight to reducing your charge. Each revolves around one of the following contentions:
- The Claim of Non-Impairment: Proving the absence of impairment at the time of the incident is a vital defense strategy.
- Breaking the Causation Link: Demonstrating that the defendant’s behavior did not directly lead to the injuries or death can cast doubt on the prosecutor’s case.
Scenarios That Could Favor a Charge Reduction
If the prosecution succeeds in proving DUI but fails to link the impaired driving directly to the injury or death, there exists a substantial opportunity to reduce the charge from a felony DUI to a misdemeanor. This is particularly applicable for first or second DUI offenses within a seven-year window, where no injury has occurred.
Conversely, if the prosecution establishes causation but falls short of proving impairment or illegal BAC and drug levels, the defendant may see the original charge lessened to:
- Felony Reckless Driving Resulting in Injury: If causation is established but impairment is not, your charge could potentially be reduced to reckless driving causing injury.
- Vehicular Manslaughter for Instances of Fatality: This reduction is particularly significant as vehicular manslaughter, unlike felony DUI, is classified as a misdemeanor.
Is It Possible to Seal a DUI Criminal Record?
In Nevada, if felony DUI charges are dismissed, sealing the record can be pursued immediately. However, a conviction for a felony DUI is indelible, permanently marking the defendant’s criminal history. Consequently, it’s crucial to actively seek to either reduce the charges to an offense that allows sealing or have them entirely dropped, emphasizing the significance of a robust legal defense strategy for preserving future opportunities.
What Are the Penalties for Vehicular Homicide and Related Offenses in Nevada?
Consequences of Vehicular Manslaughter
Vehicular manslaughter is defined by the law if negligent driving causes a death, but no impairment from alcohol or drugs is present. This offense is a misdemeanor, and the penalties are less severe than felonies, with potential jail time up to 6 months and/or fines up to $1,000.
Understanding Vehicular Homicide Charges
Vehicular homicide occurs when an individual, with three or more prior DUI convictions, causes a death while driving under the influence. As a Category A felony, the legal consequences are substantial, including the possibility of 25 years to a life sentence in prison.
The Legal Implications of Reckless Driving Causing Death
When someone’s highly negligent driving leads to a fatality but doesn’t involve alcohol or drugs, it’s classified as reckless driving causing death. This offense, considered a Category B felony, could result in 1 to 6 years of prison time and fines ranging from $2,000 to $5,000. Penalties can escalate to a 10-year maximum prison sentence if extreme speeding or driving in a sensitive zone like a school or pedestrian safety zone is involved.
Facing charges for DUI resulting in injury or death underscores the serious nature of impaired driving laws in Nevada. These laws aim to highlight the importance of safe driving and the dire consequences that can follow from negligence and impaired operation of a vehicle. ATAC LAW emphasizes the necessity for individuals facing such charges to seek knowledgeable legal assistance.
Being aware of what constitutes a DUI with injury or death in Nevada is essential for all drivers. It’s not just a matter of legal repercussions but of understanding the potential harm one’s actions may cause to others while behind the wheel.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.