Tuesday, September 30, 2014

DUI Causing Injury or Death

If a person drives under the influence in Nevada, according to state law they will likely be charged with a misdemeanor if it is a first offense and there were no aggravating factors involved. However, if the DUI resulted in an accident that caused another person to be severely injured or killed, the driver will face serious felony charges.

A driver can be charged under NRS 484C.430 if, while under the influence of alcohol or drugs and in actual physical control of a vehicle, their action or failure to act proximately caused the death of or serious bodily harm to another person.

DUI causing death or bodily harm is charged as a category B felony. If convicted of this offense, the possible penalties include:
  • Incarceration in state prison for 2-20 years
  • Fines between $2,000 and $5,000
If the defendant has previous DUI convictions, they may receive a more severe sentence.  

Fight Felony DUI Charges

The defendant can only be convicted of this felony offense if the prosecution can prove their guilt beyond a reasonable doubt. With the defense of an experienced and skilled legal team, however, the defendant can challenge the prosecution’s evidence and fight to have their charges reduced or even dropped.

Possible defenses to DUI causing injury or death include:
  • The injury or death was not a result of intoxicated driving but an outside factor
  • Police misconduct occurred during the arrest
  • The equipment used to test the driver’s level of intoxication was faulty
  • The driver was not under the influence of drugs or alcohol
If you or a loved one is charged with DUI causing injury or death or another felony offense in the Las Vegas area, call De Castroverde Law Group to speak with our proven defense team. At our family-run firm, we are committed to aggressively defending clients’ rights and interests while providing the outstanding representation they deserve. Contact our team today to learn how we can fight your felony DUI charges.