Nevada DUI Resulting in Substantial Bodily Harm or Death - What Is Going to Happen?
In Nevada, a DUI resulting in substantial bodily harm or death is one of the most challenging charges to handle. There was never any intent to harm or kill another person. Sometimes it was a wrong decision. Other times, a driver wasn't even intoxicated but had something in their system. Whatever the circumstances, if you face a DUI resulting in substantial bodily harm or death, you are looking at the second most severe DUI charge Nevada has. It is a Category B Felony, carrying up to twenty years in prison. On this page, I'm going to explain everything you need to know about Nevada's DUI resulting in substantial bodily harm or death law.
If you want to know what the penalties are, here's a TL;DR:
If you are convicted in Nevada of a DUI Resulting in Substantial Bodily Harm or Death, you are guilty of a Category B felony. The minimum prison time is two years, and the maximum prison time is twenty years. The minimum fine is $2000 and a maximum of $5000. The judge will order a breath interlock device to be installed for at least 12 months but not more than 36 months and order the person convicted to attend a victim impact panel. The DMV will also revoke the driver's license for three years. This charge is not probation eligible.
Elements of Nevada's DUI Resulting in Substantial Bodily Harm or Death
NRS 484C.430 lays out the penalties for a Nevada DUI Resulting in Substantial Bodily Harm or Death. Those elements are:
1. a person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath;
(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle; or
(f) Has a prohibited substance in his or her blood or urine, as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110,
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...
To convict somebody in Nevada of DUI Resulting in Substantial Bodily Harm or Death, the State needs to prove two things:
- A traditional DUI: The State must prove that the person driving was under the influence of alcohol or drugs. The State can prove a DUI via the impairment theory or a per se DUI.
- A Breach of Duty: The State must prove that the person driving breached some duty while driving. Examples of a breach of duty could be speeding, failing to maintain the travel lane, running a stop sign, etc.
Both elements must be satisfied for a conviction to enter against an individual. Additionally, the prosecutor CANNOT offer a plea bargain to reduce the charge. In many instances, if you are charged in Nevada with a DUI resulting in substantial bodily harm and the evidence is weighed against you, the conversation is more about stipulating a particular prison sentence than it is about fighting the case.
Nevada DUI Resulting in Substantial Bodily Harm Penalties
If you are convicted of a DUI resulting in substantial bodily harm in Nevada, then you can expect the following punishments to be doled out by the Court:
- Prison Sentence: Nevada's DUI resulting in substantial bodily harm or death is a Category B felony with a minimum prison sentence of two years and a maximum prison sentence of twenty years.
- Fine: The judge must impose a fine of between $2000 and $5000.
- Victim Impact Panel: Every DUI conviction in the State of Nevada requires attendance at a victim impact panel.
- Breath Interlock Device: The Court will mandate a Breath Interlock Device for at least 12 months but not more than 36 months.
- License Revocation: The DMV will revoke the license for three years. This time does not begin to count until AFTER the prison sentence has been served.
There are no treatment programs available if you are convicted of a Nevada DUI resulting in substantial bodily harm. Probation is also prohibited, and anybody convicted of a DUI resulting in substantial bodily harm or death in Nevada must serve their time in prison.
A DUI Lawyer is Necessary
Whenever the issue of penalties comes up, a DUI Lawyer is necessary. Charles Goodwin, a Nevada DUI Defense Lawyer, can help. Here's why:
- Complexity: There is a lot of variation on DUI First penalties in Nevada and Las Vegas. Charles Goodwin knows how to navigate these complex issues to ensure that if you have a DUI, the penalties stay at the minimum sometimes regardless of BAC!
- Knowledge: lawyers not trained to handle DUIs will often recommend that you accept whatever the prosecutor offers - which is generally harsher than required. This is because the prosecutor is often much more knowledgeable about DUIs than the untrained lawyer. Don't let that be you! DUI Attorney Charles Goodwin understands DUIs and can help.
- Experience: Many lawyers who do not handle DUIs regularly may be unaware of the new requirements under the law, including breath interlock requirements being run concurrently, no more per se marijuana DUIs, and more. DUI Defense lawyer Charles Goodwin has resolved hundreds of DUIs, is a member of the National College of DUI Defense and has practiced in all courts in Southern Nevada. He can help you.
Contact Charles Goodwin at Goodwin Law Group, PLLC today. He has the knowledge and experience to navigate your DUI offense's complexity and help you decide how to proceed when you face a DUI Resulting in Substantial Bodily Harm or Death in Nevada. Don't chance your future. Call today for your free consultation!