Las Vegas Vehicular Homicide Attorneys

Have you been charged with vehicular homicide in Las Vegas? Was your loved one involved in a vehicle accident, and you’re not sure what vehicular homicide is? These matters can result in serious penalties, including substantial fines and up to 25 years in prison. The prosecution will do everything it can to secure a conviction, and it has considerable resources at its disposal to use against you.

Don’t make the mistake of taking on the criminal justice system alone. Instead, get the help you need to fight back and seek a positive outcome to the charges against you. Contact Adras & Altig for a free, fully confidential initial case review with a knowledgeable criminal defense attorney. We are here to discuss your legal options for facing a vehicular homicide charge in Las Vegas.

What is Vehicular Homicide?

Under Nevada law, a person commits vehicular homicide if they do the following:

• Drive or exercise physical control of a vehicle while under the influence of alcohol or a controlled substance or with a blood/breath alcohol concentration of 0.08 or more; 
• Proximately causes the death of another individual; and 
• Have at least three prior intoxicated driving convictions in Nevada or another jurisdiction.

The vehicular homicide statute does not set an expiration deadline for prior intoxicated driving convictions. This means that a person who has had at least three convictions at any point in their life can face a vehicular homicide charge after causing a fatal DUI accident in Las Vegas. Nevada’s criminal law grades vehicular homicide as a Category A felony.

Vehicular Homicide vs. DUI Causing Death

Vehicular homicide in Nevada differs from the criminal offense of DUI causing death. A person commits “DUI causing death” if, while under the influence of alcohol, controlled substances, or intoxicants, they proximately cause the death of another person as the result of any act or neglect of legal duty they committed while driving or having physical control of a vehicle.

Nevada grades DUI causing death as a Category B felony, which imposes less harsh penalties than vehicular homicide.

DUI causing death differs from vehicular homicide, as a person can face a DUI causing death charge even by causing severe injury to a vehicle. A person can also face the charge if they do not have three or more prior intoxicated driving convictions that would trigger a vehicular homicide charge. 

Vehicular Homicide vs. Vehicular Manslaughter

Nevada criminal law also has an offense for vehicular manslaughter. A person commits vehicular manslaughter if, while driving or having physical control of a vehicle on a highway or other publicly accessible premises, they proximately cause the death of another person through an act or omission that constitutes simple negligence.

Nevada grades vehicular manslaughter as a misdemeanor offense. This is because the crime can occur even though an offender does not drive or operate their vehicle under the influence of alcohol, drugs, or other intoxicants. 

Penalties for Vehicular Homicide in Nevada

What is the sentence you could face for vehicular homicide? As a Category A felony under Nevada law, a conviction for vehicular homicide can impose a penalty of up to 25 years in prison or life imprisonment. However, an offender may become eligible for parole after 10 years. A convicted individual will also have their driver’s license revoked for three years following their release from incarceration.

A conviction can have other collateral consequences for defendants, including the loss of firearm rights due to the felony nature of the offense. A conviction will also result in an offender having a criminal record that may follow them long after their release from prison, making it challenging to pursue housing, employment, or other professional opportunities.

What To Do After Vehicular Homicide

You can protect your rights following a vehicular homicide arrest by taking the following steps:

• Exercise your right to remain silent by firmly and politely declining to answer the police’s questions about your case or give a statement. 
• Invoke your right to legal counsel by requesting to speak with a criminal defense attorney as soon as possible. 
• Contact a lawyer from Adras & Altig immediately to discuss your case and go over your options for resolving potential vehicular homicide charges. 

Defense Strategies for Vehicular Homicide Charges

A DUI vehicular homicide defendant may have various defenses to raise against their charges, including the following:

• Contesting the Evidence of Intoxication – Defendants may argue that the state lacks sufficient evidence to prove their intoxication at the time of the accident. They can highlight the lack of chemical testing for intoxicants in their system or challenge the reliability of field sobriety test results or officers’ observations. Refuting intoxication may help a defendant obtain a dismissal or acquittal or reduce their charge to vehicular manslaughter. 
• Denying Fault for the Accident – A vehicular homicide charge requires a defendant to have proximately caused the accident, so defendants may assert that the evidence fails to establish their fault.  
• Proving a Lack of Predicate Offenses – A defendant may also present evidence and arguments to show that they do not have at least three prior intoxicated driving convictions, which may reduce their charge from vehicular homicide to a lesser DUI causing death charge. 

FAQs About Vehicular Homicide

The following are answers to some of the questions that clients most commonly ask us about vehicular homicide charges in Las Vegas.

Is it possible for vehicular homicide to impact my eligibility for automobile insurance?

Having a vehicular homicide arrest or conviction on your record may affect your auto insurance. Insurers may view an arrest or conviction as indicative of your higher risk of causing an accident and exposing the insurance company to financial liability under your insurance policy. As a result, an insurer may increase your auto policy premiums, deny your policy application or renewal, or cancel your coverage after an arrest or conviction for vehicular homicide.

Is it possible to expunge a vehicular homicide conviction?

Nevada does not offer expungement of criminal records, but it does allow individuals to petition to seal their records. Expungement prohibits access to those records by any party other than the Nevada State Police Records, Communications, and Compliance Division, certain authorized agencies under Nevada law, or a party authorized by court order. 

Is it possible to appeal a vehicular homicide conviction?

An individual convicted of vehicular homicide in Las Vegas has the right to file an appeal to the Nevada Court of Appeals, which is Nevada’s intermediate appellate court. However, a successful appeal will require a convicted defendant to show that the trial court committed an error during the trial, such as the following:

• An erroneous interpretation of the law
• An abuse of discretion in ruling on a procedural or evidentiary motion
• A denial of due process

Can the record be sealed?

Nevada permits individuals arrested or convicted of offenses to petition to seal their criminal records. However, because vehicular homicide in Nevada involves intoxicated driving, a person convicted of an offense cannot petition to seal the record of their conviction. Still, they may have the right to petition to seal their arrest or prosecution record if they obtain an acquittal or have their charges dismissed. 

Why Choose Our Criminal Defense Attorneys?

Are you facing vehicular homicide charges in Las Vegas? If so, turn to the criminal defense lawyers from Adras & Altig for help. Our law firm offers the following: 

• Individual Attention – Our attorneys believe every client deserves undivided attention and loyalty from their legal counsel. When you meet with us, you can expect our team to listen intently to your story and to take the time to understand your concerns, needs, and goals. 
• Respect – Our law firm treats every client who walks through our doors with the utmost respect. We pride ourselves on maintaining the highest standards of service when working with our clients. 
• Diligence – We work hard to handle your case as efficiently as possible, investing the time and resources to prepare a thorough defense tailored to the unique circumstances of the charges. 
• Availability and Responsiveness – We respond promptly to calls and emails to address your questions and concerns. If you call one of our attorneys during a court day, we strive to call you back by the close of business that same day. 
• A Holistic Approach – We understand that criminal matters often stem from deeper personal issues, such as substance abuse. As a result, we not only help with your legal problems but also offer to connect you with the resources you need to get back on the right track. 
• Aggressive Advocacy – Our legal team vigorously seeks the best possible result under the facts and circumstances of your case. We understand that criminal charges can jeopardize your freedom and livelihood, so our effort reflects the high stakes you face. 
• Hope for Your Future – We recognize that vehicular homicide charges can have devastating consequences for your freedom and reputation. As a result, we focus on pursuing a positive outcome in your case. 

Get Legal Help from the Vehicular Homicide Defense Lawyers at Adras & Altig Today

If you’ve been arrested for vehicular homicide in Las Vegas, you need experienced legal representation to advocate for your rights and interests. Contact Adras & Altig today for your free, fully confidential consultation with a criminal vehicular homicide defense attorney.