A DUI Causing Death or Substantial Bodily Harm is Prosecuted as a Felony DUI in Nevada
No one gets ready for a great night out with the intention of getting involved in a DUI causing death or substantial bodily harm. You were just unwinding from a long work week, but in an instant you and everyone involved in the accident have just had their world turned on its end. According to NRS 484C.430, someone is charged with a DUI causing death or substantial bodily harm when they drive intoxicated or high “and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person.”
The state of Nevada has defined substantial bodily harm in NRS 0.060. Substantial bodily injury “creates a substantial risk of death or causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ, or prolonged physical pain.” These are severe consequences that the victim faces after an accident like this. Prosecuting attorneys and judges are extremely tough on these cases in a continuing effort to keep the streets of Nevada safe.
Penalties for a DUI Causing Death or Substantial Bodily Harm
A DUI causing death or substantial bodily harm is tried as a Category B felony. If convicted of this crime a person will face a sentence of:
- Two to twenty years in prison with no probation eligibility
- A minimum fine of $2,000 with a maximum up to $5,000
- A revocation of your license
- A required installation of a Nevada ignition interlock device as a condition to reinstate driving privileges
There are extraneous circumstances involved with some DUI causing death or substantial bodily harm cases the courts have deemed “aggravating factors.” One such factor is when someone is found at fault for one of these accidents and they are transporting one or more persons under the age of fifteen. Factors like these are taken into consideration during sentencing. If convicted, a person may have to pay a larger fine and serve a longer prison term.
Defenses for DUI Causing Death or Substantial Bodily Harm
There are several defenses that can be put together against a DUI causing death or substantial bodily harm.
- No Probable Cause – The police needed a reason to obtain your blood for testing. The prosecution has to prove there was enough probable cause to obtain a warrant for your blood.
- Faulty Testing Equipment – There are several steps and processes involved with collecting evident for a DUI case. If it can be proven that test equipment used in one of the steps was faulty then there may be reasonable doubt cast on the case.
- Margin of Error of the Test Results – There is a certain margin of error associated with each DUI breath or blood test.
- Not on a Public Roadway – If the driving or vehicle operation did not happen on a public roadway there is a defense.
- Accident Did Not Cause Injury – Some victims try to bundle previous injuries into a DUI causing death or substantial bodily harm. The victims must prove with current medical records that the injuries sustained did happen as a result of the accident. If they can not, then your case could be reduced.
- Last Gulp Defense – This is an affirmative defense where the alcohol consumption happened after the driving.
Jesse Kalter is an Experienced DUI Lawyer
Getting involved in a DUI causing death or substantial bodily harm does not mean someone is automatically guilty. They need to get ready for their day in court. When it’s time to present their case, they’re going to want an experienced lawyer to help avoid pitfalls and fight vehemently for their freedom. Through his tenacious pursuit of justice, Jesse has gotten countless DUI cases dismissed or reduced. He combs through every piece of forensic evidence in a case and conducts an in-depth investigation to assemble the best possible defense. He is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.
DUI Causing Death or Substantial Bodily Harm are Serious Charges and Need Immediate Action!
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
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