DUI with Death or Injury – NRS 484C.430

Overview

Driving Under the Influence (DUI) resulting in death or injury is a grave offense under Nevada Revised Statute (NRS) 484C.430. This law addresses the severe consequences of operating a vehicle while impaired by alcohol or drugs and causing harm to another person or resulting in fatality. Understanding the legal implications of this statute is crucial for drivers, victims, and anyone involved in the legal process.

Definition of DUI with Death or Injury

Under NRS 484C.430, “DUI with death or injury” refers to situations where an individual drives under the influence of alcohol or drugs and causes:

1. Serious Bodily Injury: Significant physical harm to another person that requires medical attention, hospitalization, or may result in permanent disfigurement or disability.
2. Death: The death of another person resulting from the DUI incident.

Legal Requirements for Prosecution

To secure a conviction for DUI with death or injury under NRS 484C.430, the prosecution must prove several elements beyond a reasonable doubt:

1. Operation of a Vehicle: The accused must have been operating a motor vehicle on a public road or highway.
2. Impairment Due to Alcohol or Drugs: The prosecution must demonstrate that the individual was under the influence of alcohol, drugs, or a combination of both at the time of the incident.
3. Causation: The prosecution must establish a direct link between the impaired driving and the resulting injury or death. This means showing that the DUI was a substantial factor in causing the harm.

Related Offenses

DUI with death or injury is related to several other offenses, including:

• Driving Under the Influence – NRS 484C.110: The general DUI law that applies to all drivers regardless of whether injury or death occurred.
• Vehicular Manslaughter – NRS 200.050: Involves causing the death of another person through negligent or reckless driving.
• Reckless Driving – NRS 484B.653: Engaging in dangerous driving behavior that may also lead to DUI charges if caused by impairment.

Examples of DUI with Death or Injury Offenses

To illustrate how NRS 484C.430 is applied, consider these examples:

• Example 1: A driver under the influence of alcohol strikes a pedestrian, resulting in serious injuries. If it can be shown that the driver’s impairment contributed to the accident, they can be charged with DUI resulting in injury.
• Example 2: An individual consumes multiple substances, including prescription drugs and alcohol, and subsequently drives. If they cause a collision that results in the death of another driver, they can face severe charges under NRS 484C.430.

Penalties for DUI with Death or Injury

The penalties for DUI with death or injury under NRS 484C.430 are severe and reflect the seriousness of the offense:

• Category B Felony: A DUI resulting in serious bodily injury is typically charged as a Category B felony, which can lead to:
  • Imprisonment: 2 to 15 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Category A Felony: A DUI resulting in death may be charged as a Category A felony, which carries even harsher penalties:
  • Imprisonment: Life in prison with the possibility of parole after 20 years, or 25 years to life.
  • Fines: Up to $10,000.

Defenses Against DUI with Death or Injury Charges

If you are facing charges of DUI with death or injury under NRS 484C.430, several defenses may apply:

1. Lack of Impairment: Demonstrating that the accused was not impaired at the time of the incident can be a strong defense. This can be supported by evidence such as breathalyzer results or witnesses who can attest to the driver’s sobriety.
2. Causation Issues: If it can be shown that the injury or death resulted from factors unrelated to the accused’s impairment, this may serve as a defense. For instance, if the other party involved was also driving recklessly.
3. Improper Stop or Arrest: If law enforcement did not have probable cause to stop the vehicle or improperly conducted the arrest, any evidence obtained may be inadmissible in court.
4. Procedural Errors: If there were violations of the defendant’s constitutional rights during the investigation or trial, such as illegal searches or coerced confessions, this could impact the case’s outcome.

The Importance of Legal Representation

Navigating the complexities of DUI with death or injury charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling serious DUI cases equips him to provide a robust defense against charges under NRS 484C.430.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving DUI.

Understanding Your Rights

If you are accused of DUI with death or injury, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against DUI charges resulting in death or injury under NRS 484C.430 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.