DUI Resulting in Death or Serious Bodily Injury in Nevada

All DUIs have serious consequences, but facing DUI causing serious bodily injury or death charges in Nevada is often overwhelming. These felony charges can result in prison time, fines, and other penalties.

If you’re charged with a DUI, having an experienced Las Vegas DUI defense attorney can help minimize or dismiss the charges. The criminal defense attorneys at Adras & Altig can review your claim, build a strong defense, and help you navigate this challenging time. Call us today for a free, no-obligation consultation.

What Is a DUI Resulting in Death or Serious Injury?

A DUI resulting in death or with serious bodily injury is one of the most severe charges a Nevada driver can face. Under Nevada law, when you operate a motor vehicle while impaired by alcohol or drugs and an accident that results in either the death or substantial bodily injury of another person, you can be charged with this crime.

Prosecutors don’t have to prove that you intended to cause harm to convict you. You can be held responsible even if you had no intention of hurting anyone. They only have to prove that you were under the influence, that impairment contributed to the accident, and that the accident caused death or severe injury.

The following elements are exactly what prosecutors must prove:

• You Were Impaired – A prosecutor must show that you were operating a vehicle either with a blood alcohol content (BAC) of 0.08% or higher, or you were impaired by drugs. Drugs can include illegal drugs, prescription drugs, or over-the-counter drugs.
• Your Impairment Contributed to the Accident – Your intention doesn’t matter here. If your impairment directly contributed to the crash, you can be held responsible for the fallout.
• The Accident Caused Serious Bodily Injury or Death – Finally, a prosecutor must show that the accident caused a death or serious injury. “Serious injury” can include disfigurement and loss or impairment of a body part or organ. It may also include broken bones or prolonged physical pain.

This crime can happen in various ways, from driving on a sidewalk and colliding with a pedestrian to running a red light and causing a multi-vehicle pileup. With charges this serious, you need a skilled legal team to examine the details of your case and protect your rights every step of the way.

Penalties for a DUI Causing Death or Injury in Nevada

What is the consequence of a driver causing personal injury or death as a result of a DUI? This type of DUI is a Category B felony in Nevada, punishable by two to 20 years in a Nevada state prison. Offenders will undergo mandatory substance abuse treatment or counseling, and their driver’s license will be suspended or revoked for several years. Note that probation or suspended sentence is not permitted for any felony DUI charge, except in limited treatment-related situations.

In addition to legal consequences, DUI convictions can impact your ability to find housing and employment. You won’t be able to possess or own a firearm, and you will not be able to vote until your sentence is complete. Convictions often have a serious impact on your reputation within your community. The stigma can make it hard to resume a normal life, even after you’ve fulfilled your punishment.

Vehicular Manslaughter vs. DUI Causing Death

If you cause a fatal accident, you may face different charges, depending on how the accident happened. DUI causing death and vehicular manslaughter are two of the most serious charges possible – but how are they different?

The following are the key differences:

• Vehicular Manslaughter – Vehicular manslaughter happens when someone’s negligence causes another person’s death. This can range from texting while driving to running a stop sign. Unless drugs or alcohol are involved, vehicular manslaughter is usually a misdemeanor.
• DUI Causing Death – This is a much more serious charge. Driving under the influence of alcohol and drugs, and causing someone’s death as a result, is a felony. The penalties are much harsher.

The biggest difference is whether a driver was impaired. Vehicular manslaughter hinges on a driver’s negligence or carelessness. DUI causing death involves impairment that contributes to an accident. As a result, the penalties and defense strategies are different.

Defenses Against DUI Resulting in Death or Serious Injury

While facing DUI charges is frightening, it’s important to remember that being charged is not the same as being convicted. There are several defense strategies an experienced Las Vegas DUI attorney can use to fight your charges, including the following:

• Challenging Test Accuracy – Breathalyzer and blood tests are not infallible. Faulty calibration, improper administration, or contamination can lead to inaccurate results.
• Challenging Fault – Even if you were impaired, the prosecution must prove that your impairment directly caused the accident. If evidence shows that another driver’s negligence, road conditions, or unforeseeable circumstances caused the collision, this could weaken the prosecution’s case.
• Questioning the Chain of Custody – All evidence, including blood samples and chemical evidence, must be handled and stored correctly. This helps avoid contamination and tampering. Improper handling can lead to dismissing evidence.
• Showing Police Misconduct or Rights Violations – Police must follow department and Constitutional procedures to ensure your rights aren’t violated. If law enforcement conducted an illegal search, failed to inform you of your rights, or mishandled evidence, your attorney can challenge the case against you.

Every DUI case is different, so a cookie-cutter approach to legal representation is never enough. A skilled DUI defense attorney can tailor a defense strategy based on the unique facts of your case.

How Adras & Altig Can Help

At Adras & Altig, we have decades of experience handling criminal defense cases, ranging from simple misdemeanors to serious felonies. When you work with our lawyers, we’ll move quickly to review your case, challenge the evidence against you, and build a unique defense. We pride ourselves on our compassion and respect for each of our clients. Throughout your case, your attorney will keep you informed and fight tirelessly to protect your rights.

Contact Our Las Vegas DUI Defense Attorneys for Help

If you’re facing DUI charges, don’t rely on overworked public defenders to handle your case. Instead, turn to the reputable Las Vegas DUI defense attorneys at Adras & Altig. Contact us today for a free, no-obligation consultation and case review.