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By: Lipp Law LLC

DUI Involving Death

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DUI involving death or substantial bodily harm (SBH) is a felony. The penalty is 2 to 20 years in the Nevada State Prison. The sentence is non-probationable. If you are convicted of DUI with death or SBH, you will go to prison. If you were in an auto accident and killed someone, or injured someone really badly so they had to go to the hospital or there was a broken bone and you have alcohol in your system, you will be charged with DUI with death or SBH.

The interesting thing about a misdemeanor DUI is that if the driver was in an accident even if it was not his fault could be convicted. It would not matter if the accused was rear ended. If the police determined that a driver had consumed alcohol then they would have probable cause to arrest him no matter who caused the accident.

There would need to be proximate cause that the accused caused the accident to be convicted of DUI with death or SBH. For example, the driver would be the proximate cause of the accident if they rear ended someone going 90 miles per hour and that person was killed.

The accused would not be considered the proximate cause of the accident, and they could not be convicted of DUI with death or substantial bodily harm in a situation in which they were driving correctly but then someone on the other side of the road crossed the median and it resulted in a head on collision and that person died.

The accused could be convicted of some other offense such as failure to use due care or something like that, but they would not be looking at mandatory prison time.

I recently handled a case involving my client and his friend who were out drinking. They were both over the limit. My client was about a .12, whereas the other person was a .34. My client was driving and they had a car accident which resulted in a rollover. The passenger did not have his seatbelt on so he was killed. It may seem that the reason he was killed was because he did not have his seatbelt on. However, that issue has been litigated and just because someone does not buckle their seatbelt doesn’t mean that he or she was responsible for their own death.

In this particular case, my client was driving around a curve and driving properly. He was in a little two seater Mercedes. He told the passenger to put his seat belt on. The passenger was in the process of putting it on when he hit the steering wheel and they had the accident. It was a rollover. My client had a concussion and he was injured, but he was wearing his seatbelt, whereas the passenger died because he was not wearing his seatbelt.

My client was charged with DUI involving death and SBH because his blood alcohol was over the limit, 1.2. The legal limit is .08. It looked pretty bad. I believed the probable cause of the accident was the fact that the passenger had hit the steering wheel. When a vehicle is in an accident, the seatbelt freezes where it is. If the seatbelt was not used at all, it would freeze in the opening position, whereas if it was buckled, it would freeze there.

In this particular case, the seatbelt was frozen halfway. It was close to the steering wheel. This
corroborated my client’s testimony. I hired an accident Reconstructionist who examined everything and believed, as I did, that the passenger’s behavior when he hit the steering wheel; caused my client to lose control of the vehicle. That was the proximate cause of accident. I was able to get my client a non-DUI disposition for felony reckless driving. He did not go to prison.

Lipp Law LLC

2580 Sorrel St, Las Vegas, NV 89146

(702) 745-4700

 FAQs: DUI Involving Death

1.How can hiring legal experts affect the outcome of a serious DUI case?

Skilled legal experts can investigate the case thoroughly, potentially challenging the evidence or negotiating a plea to a lesser charge. This can significantly impact sentencing and help avoid the most severe penalties.

2.What are the penalties for a DUI charge that results in serious injuries or fatalities in Nevada?

A DUI involving severe injuries or fatalities is a felony in Nevada. It carries a non-probationable sentence of 2 to 20 years in Nevada State Prison, meaning prison time is mandatory if convicted.

3.Can a person be convicted of DUI even if they did not directly cause the accident?

Yes. If a driver has alcohol in their system, they can be arrested and potentially convicted of DUI regardless of who caused the accident. The presence of alcohol alone can provide probable cause for arrest.

4.How does the state determine whether someone is at fault in a DUI-related accident?

The state assesses whether the DUI driver was the proximate cause of the accident. For example, if a DUI driver rear-ends another vehicle at high speed, they may be held responsible for the outcome of the accident.

5. What is the difference between a misdemeanor DUI and a felony DUI?

Misdemeanor DUI charges typically apply to first or second DUI offenses without serious injuries or deaths. A felony DUI charge applies when there are substantial injuries or fatalities or when it’s a repeat offense, carrying much harsher penalties, including prison time.

    6. Is it possible to avoid prison time in a DUI case that involves significant injuries or a fatality?

    Due to Nevada’s strict laws, prison time is generally mandatory in these cases. However, depending on circumstances and legal defense, some cases might be negotiated to a lesser charge, like reckless driving.

    7. How can alcohol consumption impact the determination of fault in an accident?

    Even if a DUI driver was not solely responsible for the accident, their alcohol consumption is often used to establish negligence, making it easier for the state to convict them of DUI-related charges.

    8. What role does seatbelt use play in a DUI case where a passenger is seriously injured or killed?

    Although lack of seatbelt use can worsen injuries, it generally does not absolve the DUI driver of responsibility. Courts may consider whether the DUI driver had control over the accident and whether the lack of seatbelt use directly influenced the outcome.

    9. Can accident reconstruction be used as evidence in defending a DUI case involving an accident?

    Yes. Accident reconstruction can help clarify how the accident occurred and who or what the proximate cause was. Expert testimony may support defenses, mainly if factors beyond the driver’s control contributed to the accident.

    10. What options are available if someone is charged with DUI but another driver contributed to the accident?

    The defense can argue that another driver’s actions were the primary cause of the accident. This can sometimes lead to reduced charges or alternative sentencing options.