I Caused a Fatal DUI Accident in Nevada – What Charges Do I Face? Defense Attorney

Getting behind the wheel after drinking too much is never a good idea. But if you make the mistake of driving under the influence (DUI) and end up causing an accident that injures or kills someone, you could be facing some very serious criminal charges in Nevada.

As a Las Vegas criminal defense attorney with over 15 years of experience, I’ve represented many clients facing DUI charges involving injury and death. I know these cases can be overwhelming and scary. My goal with this article is to walk you through the charges you may face, the potential penalties, and the defenses that could help you.

DUI Charges in Nevada

Let’s start with the basics. A standard DUI in Nevada happens when you operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher. Or if you’re impaired by alcohol or drugs even if your BAC is under 0.08%.

For a first offense DUI that doesn’t involve an accident or injuries, it’s typically charged as a misdemeanor. The penalties include:

• Up to 6 months in jail
• Fines up to $1,000
• Driver’s license suspension up to 90 days
• DUI school
• Victim impact panel
• Possible ignition interlock device

But when a DUI results in an injury or death accident, it becomes a much more serious felony charge.

DUI Resulting in Substantial Bodily Harm

Under Nevada law NRS 484C.430, if you cause “substantial bodily harm” to another person while driving under the influence, you can be charged with a category B felony.

“Substantial bodily harm” means things like:

• Bone fractures
• Loss of consciousness
• Disfigurement
• Chronic pain

If convicted of DUI resulting in substantial bodily harm, you face 2-20 years in prison and fines of $2,000-$5,000. Your driver’s license will also be revoked for 3 years.

DUI Resulting in Death

Causing a fatality in a DUI accident leads to an even more serious charge – DUI resulting in death. Also a category B felony under NRS 484C.430, this charge carries 2-20 years in prison.

If you already had 3 DUIs on your record when the fatal accident occurred, you could face an even harsher charge – vehicular homicide under NRS 484B.550. This is a category A felony with potentially longer prison sentences.

Other Charges

In addition to the main DUI charges, prosecutors may tack on other charges like:

• Reckless driving
• Involuntary manslaughter
• Vehicular manslaughter

These additional charges give the prosecutor more leverage in negotiating a plea deal or pushing for the maximum sentence if convicted at trial.

Penalties Beyond Prison Time

Prison time is not the only consequence for a DUI conviction involving injury or death. You can also expect:

• Lifetime revocation of your driver’s license (possibility of restricted license after 5 years)
• Fines from $2,000 to $5,000
• Restitution to victims for medical costs, lost wages, etc.
• Mandatory DUI school
• Possible ignition interlock device if license is reinstated
• SR-22 insurance requirements for 3 years if license is reinstated

If the accident involved multiple victims, you could be ordered to pay restitution to each one. This can easily add up to tens or even hundreds of thousands of dollars.

Possible Defenses

Facing these serious DUI charges, you need an aggressive defense to avoid harsh penalties that can ruin your life. Here are some defenses a skilled DUI attorney may use:

Challenge probable cause for the traffic stop

If the officer didn’t have a valid reason to pull you over in the first place, the attorney can argue for suppression of evidence due to an illegal stop.

Contest the accuracy of breath/blood tests

The attorney can dispute the maintenance and calibration of breathalyzers. For blood tests, they may challenge the chain of custody or handling of blood samples.

Argue intervening causes

There may be other factors that caused or contributed to the accident besides your intoxication, such as weather conditions or mechanical failure.

Dispute that your actions actually caused the accident

In complex accidents with multiple vehicles, it may be difficult to prove your actions directly resulted in injuries/death.

Negotiate a plea bargain

Rather than risk a trial, your attorney may be able to negotiate a plea deal for reduced charges like reckless driving.

What Should You Do if You’re Charged?

If you’re arrested for DUI resulting in injuries or death, here are some important steps to take:

Remain silent and ask for a lawyer

Don’t admit fault or discuss the accident with police. Invoke your right to remain silent until your attorney is present.

Hire an experienced DUI defense attorney

These are complex cases that require an attorney with specialized knowledge of DUI laws and aggressive litigation skills.

Avoid talking about the case on social media

Anything you post could come back to haunt you later. Don’t post, share, or comment anything about the accident.

Seek counseling if needed

Being involved in a serious accident can be emotionally devastating. Counseling or support groups can help you cope.

Follow court orders

If released on bail, carefully follow all conditions set by the court like drug/alcohol testing, ignition interlock device, etc.

FAQs

What if I left the scene after the accident?

Leaving the scene of an injury/fatal accident is a separate crime under NRS 484E.010 and could add more charges. Don’t leave the scene!

How long will my case take to resolve?

These serious felony cases often take 6-12 months or longer to reach resolution, either through plea deal or trial.

What if I was prescribed medication, not illegal drugs?

Driving impaired by prescription medications can still result in a DUI under Nevada law. A skilled attorney can argue the medication alone did not cause the accident.

What happens if I’m convicted a second time?

A second DUI conviction involving injury/death will be charged as a category A felony. Prison sentences can extend to life, with parole eligibility after 10 years minimum.

Can I avoid jail time?

It’s very unlikely for these charges, but an experienced attorney may negotiate a plea deal with rehabilitation programs and probation instead of prison.

Takeaways

DUI charges involving injury and death accidents have severe penalties in Nevada, including years in prison. But an aggressive defense attorney can challenge the charges at every step and work to get charges reduced or dismissed. If you’ve been charged with DUI resulting in substantial bodily harm or death, don’t delay – speak to a lawyer right away to protect your rights and future.