DUI Causing Death

Las Vegas Lawyer for DUI Causing Death

DUI charges are a serious matter in Nevada. A DUI that results in a fatality is the gravest DUI charge you can face. It falls under Nevada law NRS 484C.430, which outlines its definition and penalties. This offense is charged as a Class B felony punishable by two to 20 years in prison, fines of $2,000 to $5,000, the loss of your driver’s license for three years, and mandatory installation of an ignition interlock device for one to three years as a condition of reinstating your license.

If you are facing such a charge, Goodman Law Group can help with invaluable guidance through each stage of the legal process. Our Board-Certified trial lawyer is well-known for his honed legal skills with prosecutors, witnesses, and juries in the courtroom. His goal is to aggressively protect your rights, mitigate your charges, and limit a conviction’s impact on your life.

Book a complimentary consultation with our Las Vegas attorney DUI causing death by contacting us online or at (702) 825-7854.

DUI Causing Death in Nevada

You can be charged with this felony under various scenarios, such as:

Driving with a blood alcohol concentration (BAC) of .08 percent or higher
Driving under the influence of alcohol that has rendered you unable to safely operate a vehicle regardless of your BAC,
Driving under the influence of a controlled substance, such as street drugs, prescription medicines, or even over-the-counter medicines that compromise your driving capabilities,
Driving under the influence of both drugs and alcohol,
Driving with an illegal amount of a prohibited substance in your system.

In such cases, however, you cannot be charged with murder.

Factors that can “aggravate” your case, impacting your sentence, include driving with a minor under 15 when arrested or having three previous DUI convictions on your record. In the latter case, you can face a vehicular manslaughter charge, a Class A felony punishable by up to 25 years or life in prison.

Potential Defenses Against DUI Causing Death

Defending these charges requires fighting against the allegation that you were driving while under the influence of alcohol and/or drugs and the assertion that you were the cause of the fatality.

Prospective defenses can include:

Incorrect Administration of Field Sobriety Tests: Law enforcement must follow specific procedures when administering field sobriety tests. If these protocols are not correctly followed, the results may be challenged.
Faulty Breathalyzer: Breathalyzer results can be influenced by various factors, including device calibration, the officer's training, and the time between the alleged offense and the test; this can include having “rising blood alcohol” that reaches illegality because of failing to test until an hour or two after being pulled over.
Challenging the DUI Allegation: The defense might argue that the defendant was not under the influence at the time of the accident by providing various facts. For instance, specific medical issues can result in false test results.
Proximate Cause: The defense could argue that the driver was not the proximate cause of the passenger or pedestrian's death. For instance, if another factor, such as the victim's actions or a third party's involvement, was the primary cause of the accident, this could be used as a defense.
Violation of Constitutional Rights: Any evidence obtained through illegal search and seizure or without a proper warrant may be dismissed. Similarly, if law enforcement did read the defendant’s Miranda rights, any statements made might be excluded from the case.
Inaccuracy of Blood Test Results: The results might be contested if the blood test was improperly administered or the samples were incorrectly handled or stored.

Charges can be reduced if either the DUI or the death cannot be proven beyond a reasonable doubt. Where DUI impairment cannot be established, this element is removed from the proceedings and any consequences. Where causation of death cannot be proven, but intoxication is proven, the DUI generally becomes a misdemeanor.

At Goodman Law Group, we investigate all available evidence, from eyewitness accounts to medical records, GPS data, police reports, surveillance video, and expert witness testimony, to create a comprehensive defense.

Call (702) 825-7854 to schedule your consultation.

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