One of the most closely watched crimes in Nevada is DUI (Driving under the influence). According to a data from Centers for Disease Control and Prevention (CDC), 1.025 people were killed in the State of Nevada due to drunk driving from 2003 to 2012. Evidently, it is more than a criminal traffic offense as it is composed of two elements that violate the laws of the State. First, of course, anyone who drives under the influence is breaking prohibitions against illegal drugs and second, they ultimately put their lives and other people’s lives at stake. Collectively, they lead to hefty Nevada DUI penalties.
Ordinary DUI cases where no one is injured or killed is usually a misdemeanor and has penalties of 10 days to six months in jail. However, this is not always the case. There will always be DUI cases that become severe and this is when one involves serious injury and death. On this post, we will be talking about these factors. If you are someone who have been arrested for DUI and then also pressed on with charges of severe damage or vehicular homicide, here are some information that should contribute to your defense strategy in against penalties for DUI in Nevada.
What is DUI with serious injury or death?
The Nevada Revised Statutes (NRS) states in 484C.110 that it is unlawful for anyone to drive under the influence of liquor and prohibited substances on a particular limit. The NRS even provided a list of the prohibited substances and the urine and blood Nano grams per liter that should not be equaled or exceeded by the person tested.
Followed by this, specifically in 484C.130, you are guilty of vehicular homicide if you were in control of the vehicle on and off the highways of Nevada, you had a concentration of alcohol of 0.08 or more in your blood or breath, and if you had inhaled, ingested, and applied any prohibited substance that incapacitates you from driving properly. This also applies if you have injured a person or put their life in the brink of death.
What are the Nevada DUI penalties with serious injury or death?
DUI that resulted in substantial bodily harm and death of a person is treated as a category B felony in Nevada. According to NRS 484C.430, anyone who is guilty of this will have to face penalties such as:
- A minimum of two years and a maximum of 20 years prison term
- Fines not less than $2,000 and not more than $5,000
Having a child under 15 years old inside the vehicle during the incident is an aggravating factor that could even worsen the penalties that you will have to endure.
Of course, your license can either be revoked or suspended for at least three years at the event of this type of DUI and you will have to undergo a different trial process with Nevada’s Department of Motor Vehicles (DMV).
Also know that if you happen to be sentenced with Nevada DUI penalties and no plea bargains had worked out, the law enforcement will segregate you from those who committed violent crimes and there is a chance of you being detained in a facility with a minimum security especially if you do not show signs of being unhinged.
What are the defenses against this accusation?
Causing death or even just an injury is a weighty toll to anyone. In DUI cases, the law enforcement are very much aware that drivers do not mean to cause any harm but still they are the ones who put themselves and everyone around them in jeopardy so they are more or less, still guilty of the crime.
However, this does not take away their right for defending their own in the court. Some of the defenses that can be used to circumvent Nevada DUI penalties is similar to the defenses that we have already discussed in previous articles. They are the following:
- Your car or your driving is not the cause of harm or death (you could just be in proximity of another accident)
- You are not intoxicated or under influence of substances
- You went through faulty Breathalyzer and other sobriety tests
- You were unlawfully stopped by the law enforcement (which caused the accident)
- You were involuntarily intoxicated
In Nevada, DUI continues to rise on an alarming rate. This is a major problem as DUI (with or without casualties), according to the captain of Las Vegas Metropolitan Police Department, is an avoidable accident.
To avoid being arrested and be imposed with Nevada DUI penalties, watch your intake of alcohol and substances and do not drive if you think you had too much. When you do this, you save yourself and other people from potential catastrophes. Nonetheless, if you are currently facing the said situation, there is no other possible way than face it and fight it and there is no better way to do that than with the assistance of a Las Vegas criminal defense attorney.