DUI with Serious Bodily Injury or Death
In a blink of an eye, a serious traffic crash can occur which results in the death or serious bodily injury of another person. When it is alleged that the driver was under the influence of an alcoholic beverage or controlled substance, the driver can be charged with the very serious offense of DUI causing death or serious bodily injury under Nevada Revised Statute Section 484C.430. In other states, this offense is often referred to as DUI Manslaughter, Intoxication Manslaughter, Intoxication Assault, or Vehicular Homicide.
One way in which a DUI offense can be charged as a felony DUI is when a traffic accident results in the death or serious bodily injury of another person. The victim of the DUI accident can be a person in the driver's vehicle, or a person in another vehicle or even a pedestrian.
Las Vegas Attorney for DUI Causing Death or Serious Bodily Injury
If you or a loved one were arrested for a DUI involving death or serious bodily injury, contact an experienced Las Vegas DUI attorney at the Law Office of Joel M. Mann. Attorney Joel Mann is experienced in defending individuals charged with the most serious driving offenses such as felony DUI resulting in death or serious bodily injury in Las Vegas, Clark County and the surrounding areas of Clark County, Nevada.
Penalties, Punishments, and Sanctions for Felony DUI Causing Serious Bodily Injury or Death
Nevada Revised Statute Section 484.C430 provides for felony punishments when a DUI offense causes the substantial bodily harm to, or death of another person. This felony version of DUI is a category B felony.
The category B felony DUI with serious bodily injury or death is punishable by imprisonment in Nevada State Prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and a fine between $2,000 to $5,000.
Proving Causation in a DUI Death with Serious Bodily Injury Case
One of the essential issues in a DUI with death or serious bodily injury case under Nevada law is whether or not the fact that the driver was intoxicated with alcohol or impaired by a controlled substance was the proximate cause of the serious bodily injury or fatality.
In many of these cases, the person accused of felony DUI has the right to present a defense that he should be relieved of liability for the crime because something else caused the accident, often called a superseding intervening cause.
Under Nevada law, a superseding intervening cause is defined as an intervening act that supersedes the original culpable act where the intervening act is an unforeseeable, independent, non-concurrent cause of the injury. In effect, the intervening cause must, effectively, break the chain of causation.
Defense of Consumption of Alcohol After the Crash Occurred
Revised Statute Section 484C.430(3), if the consumption of alcohol is proven by a preponderance of the evidence, it is an affirmative defense that the person charged consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the person charged to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
In those cases in which the person accused of felony DUI causing death or serious bodily intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Law Office of Joel M. Mann | Nevada DUI Defense Attorney
Contact us at (702) 474-6266 for aggressive representation for any serious driving offense such as felony DUI resulting in serious bodily injury or death. Attorney Joel M. Mann is an aggressive DUI lawyer in Las Vegas who is experienced at defending those who have been arrested for drunk driving involving a serious or fatal traffic accident.