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
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
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