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As of January 1, 2026, Nevada’s Safe Streets and Neighborhoods Act significantly increased the potential penalties for DUI causing death convictions. If you have been arrested for DUI or are under investigation after a fatal crash, these changes raise the stakes dramatically. Prosecutors now have broader sentencing ranges available, and courts are empowered to impose much harsher punishment than in prior years.
DUI Causing Death Is a Category B Felony in Nevada
Under Nevada law, DUI causing death is charged as a Category B felony. This applies when prosecutors allege that a driver caused the death of another person while operating a vehicle under the influence of alcohol, drugs, or a combination of both.
A Category B felony is not a “standard” DUI. It exposes you to long-term incarceration, substantial fines, a permanent felony record, and life-altering collateral consequences.
The Safe Streets Act did not change the classification of the offense, but it did expand the sentencing range in ways that directly impact how much prison time a judge can impose.
Increased Penalties for Drivers with No Prior DUI Convictions
Before 2026, drivers with no prior DUI convictions faced a sentencing range of 2 to 20 years in prison if convicted of DUI causing death. Under the Safe Streets Act, the maximum prison time has increased.
Now, for drivers with no prior DUI convictions, the potential penalties include:
- 2 to 25 years in Nevada State Prison
- A fine between $2,000 and $5,000
- Mandatory restitution
- Long-term driver’s license revocation
- Permanent felony conviction
That five-year increase at the top end gives prosecutors additional leverage during plea negotiations and sentencing hearings, especially in emotionally charged fatal crash cases.
Increased Penalties for Drivers with Prior DUI Convictions
The penalty increase is even more severe for drivers with a DUI history. Previously, defendants with one or two prior DUI convictions faced a possible sentence of 2 to 25 years in prison, in most cases. Under the updated law, the minimum sentence has increased substantially.
Now, drivers with one or two prior DUI convictions may face:
- 5 to 25 years in Nevada State Prison
- Fine between $2,000 and $5,000
- Mandatory restitution
- Extended license revocation
- Permanent felony record
This change removes judicial discretion at the lower end of sentencing and nearly guarantees that prison time will be incredibly disruptive if a conviction occurs.
What These Sentencing Increases Can Do to the Accused
DUI causing death cases are often built quickly. Law enforcement relies on crash reconstruction, blood or breath testing, witness statements, and sometimes questionable assumptions made at the scene. With expanded sentencing ranges now available, prosecutors may be less inclined to reduce charges without a strong defense pushing back early.
Even people with no criminal history are now facing lengthy prison sentences if convicted. Furthermore, the law does not require intent to kill, only proof that prosecutors claim connects impairment to the fatal crash.
Get Aggressive DUI Defense Now
DUI causing death cases demand immediate legal action. Evidence can be flawed. Toxicology results can be challenged. Police procedures can be scrutinized. Causation is often far more complex than the state wants a jury to believe.
Attorney Ross C. Goodman is a Las Vegas local who knows the lay of the legal land and how prosecutors pursue high-stakes DUI cases. He is one of only two attorneys in Nevada who is both State Bar–Certified as a Criminal Trial Advocate and Board-Certified in Criminal Trial Law by the National Board of Trial Advocacy, both credentials that you’ll want to see when your freedom is on the line.
If you are facing DUI causing death allegations under Nevada’s newly expanded penalties, act now. The sooner Attorney Goodman gets involved, the more options may still be available to prepare your defense.
Call Goodman Law Group at (702) 825-7854 now to learn more during a no-cost case evaluation.