NRS § 484C.430 – DUI Causing Injury or Death – Nevada Law & Penalties

In Nevada, it is a class B felony to drive under the influence of alcohol and/or drugs and, in so doing, to cause another person to die or suffer substantial bodily injury. The penalties include:

• 2 to 20 years in state prison,
• fines ranging from $2,000 to $5,000, and
• a 3-year driver’s license suspension.

In this article, our Las Vegas DUI attorneys address the following topics re. DUI causing injury or death. Also listen to our informative podcast:

• 1. Elements
• 2. Penalties
• 3. Your License
• 4. Defenses
• 5. Plea Bargains
• 6. Immigration
• 7. Record Seals
• 8. Related Offenses
• 9. What To Do After a Crash
• Additional Reading

1. Elements

For you to be convicted of DUI causing injury or death in Nevada, prosecutors must prove beyond a reasonable doubt two elements. The first is that you were driving either:

• while under the influence of alcohol and/or drugs;
  
• with a prohibited amount of controlled substances in your blood; and/or
• with a blood alcohol concentration of alcohol (BAC) of 0.08% or higher within two hours of driving.¹

(Note that the minimum illegal BAC is only .04% for commercial drivers and .02% for under-21 drivers.)

The second element is that your driving killed or caused substantial bodily harm to someone. Examples of injuries that qualify as substantial bodily harm are:

• fractures,
• wounds needing stitches,
• organ damage,
• paralysis,
• serious burns,
• long-lasting contusions,
• concussions,
• loss of consciousness,
• long-lasting cosmetic damage, or
• chronic pain.²

Note that if you are being prosecuted for a fatal DUI, you may not also be prosecuted for murder.³

2. Penalties

Causing a serious injury or fatality by drunk driving or drugged driving is a category B felony in Nevada. The punishment includes:

• 2 to 20 years in Nevada State Prison,
• a fine of $2,000 to $5,000,
• a 3-year license revocation, and
• 1 to 3 years of having an ignition interlock device as a condition of reinstating driving privileges.

If you were transporting a child under 15-years old at the time of the alleged violation, the court may consider it an aggravating factor when determining your sentence.

Note that the Nevada Department of Corrections will try to segregate you from violent offenders and to house you in minimum-security facilities.⁴

3. Your License

Felony DUI convictions in Nevada trigger a three-year license suspension that begins after you are released from prison. To get your license reinstated, you will need to install an ignition interlock device in your motor vehicle for up to three years.⁵

Note that automobiles involved in Nevada DUI cases are usually impounded. Read more about DUI impound laws.

4. Defenses

Here at Las Vegas Defense Group, we use a two-pronged attack when fighting DUI with injury/death charges.

First, we fight the allegation that you were driving under the influence. Second, we fight the allegation that the victim’s injury or death was your fault.

In our experience, five common DUI defenses that have proven very effective with prosecutors, judges, and juries are:

1. The police gave faulty field sobriety tests instructions or scored you inaccurately;
2. The breath test or blood test was administered incorrectly or were defective;
3. You suffered from a medical condition such as GERD which caused inaccurately high breathalyzer BAC results;
4. You did not begin drinking until after you stopped driving; or
5. The other driver or some outside force was at fault for the accident.

Common evidence we rely on includes:

• eyewitness testimony,
• eyewitness recordings from phones,
• law enforcement reports,
• surveillance video,
• GPS records,
• medical records, and/or
• accident reconstruction expert testimony.

5. Plea Bargains

If a DUI with injury or death charge cannot get dismissed, it still may be possible to get it reduced by showing either:

1. You were not committing DUI, or
2. There was no causation between your actions and the victim’s injuries or death.

If the prosecutor can prove DUI but cannot show causation, your felony DUI charge could then be reduced to just a misdemeanor DUI.⁶

Alternatively, if the prosecutor can prove causation but cannot show DUI, then your charge could be reduced to:

• reckless driving causing injury (if the victim was injured) or
• vehicular manslaughter (if the victim died).

6. Immigration

Even as a felony, DUI is generally not deportable unless it involves drugs.⁷ However, all non-citizens facing criminal charges should still retain an experienced attorney to try to get the matter dismissed or reduced to a lesser offense.

7. Record Seals

Felony DUI charges that get dismissed can be sealed right away in Nevada. However, a felony DUI conviction remains on your criminal record forever.⁸

8. Related Offenses

DUI causing injury or death is one of four crimes in Nevada involving serious car accidents. As the following table shows, the sentencing range is always steeper whenever drugs or alcohol is involved.

Vehicular Crimes Causing Injury or Death	Nevada Penalties
1.  Vehicular homicide (NRS 484C.130): Fatal DUI following three prior DUIs	Category A felony:  25 years or life in prison
2.  DUI causing injury or death (NRS 484C.430): Causing a fatality or substantial bodily injury from drunk or drugged driving	Category B felony:  2 to 20 years in prison and $2,000 to $5,000
3.  Reckless driving causing injury or death (NRS 484B.653): Driving with willful or wanton disregard of the safety of persons or property (no alcohol or drugs)	Category B felony:  1 to 6 years in prison and $2,000 to $5,000 (in most cases)
4.  Vehicular manslaughter (NRS 484B.657): Proximately causing another’s death by driving with “simple negligence” (no alcohol or drugs)	Misdemeanor:  Up to 6 months in jail and/or $1,000

What To Do After a Crash

Five steps to take after a car accident in Nevada include:

1. Stay at the scene and phone 911.
2. Do NOT admit fault.
3. Exchange contact- and car information with the other involved drivers.
4. Take photos of the scene, and take down the name and contract information of eyewitnesses.
5. Contact an attorney.

Additional Resources

For statistics on vehicular deaths, refer to the following:

• Nevada Traffic Safety Crash Facts – Nevada Department of Public Safety.
• Fatality Analysis Reporting System (FARS) – Nevada Department of Public Safety.
• Car Crash Deaths and Rates – Compiled by the National Injury Council.
• State by State Fatality Facts – Provided by the Insurance Institute for Highway Safety.
• NHTSA Estimates for 2022 Show Roadway Fatalities Remain Flat After Two Years of Dramatic Increases – Compiled by the National Highway Traffic Safety Administration.