Nevada DUI Fatalities: How Vehicular Homicide, DUI Causing Injury or Death, and Vehicular Manslaughter Are Different
If a DUI case involves an accident that results in a fatality, the driver may face an additional charge of vehicular homicide, DUI causing injury or death, or vehicular manslaughter. All these DUI-related charges are serious and carry additional penalties and consequences — but some are more serious than others. In this discussion, Las Vegas DUI defense lawyer Joseph Gersten explains the differences between offenses that may be charged when a DUI causes the death of another person.
Vehicular Homicide
When a DUI driver causes the death of another person, vehicular homicide is the most serious Nevada offense that may be charged. The offense occurs when a DUI driver with at least three prior DUIs causes another person’s death. Complex provisions in NRS § 484C.130 define the offense, which includes three essential elements:
- Commission of a DUI involving alcohol or drugs; and
- Proximately causing the death of another person while driving under the influence; and
- Having at least three (3) prior DUI convictions (at any time and in any jurisdiction).
The law provides that a driver may be under the influence of alcohol, a controlled substance, or another substance or combination or substances. In some cases, the presence of specific levels of alcohol or other substances is sufficient to support the charge. In other circumstances, the substance must render the driver incapable of safely driving or exercising control of the vehicle.
Vehicular homicide is a category A felony that carries a potential prison term of 25 years to life, with parole possible after a minimum of 10 years has been served. The record of a conviction of vehicular homicide is not ever eligible for sealing and stays on the defendant’s criminal record permanently.
DUI Causing Injury or Death
NRS § 484C.430 addresses the charge of DUI causing injury or death, which occurs if a driver causes substantial bodily harm to or death of another person when the driver is drunk, high on drugs, or has illegal quantities of alcohol or drugs in their blood. The statute sets out five different sets of circumstances involving alcohol or other substances that subject a driver to a charge of DUI causing injury or death. Unlike vehicular homicide, this offense does not require any prior DUI convictions. It may be charged even for a first DUI arrest.
A DUI causing substantial injury or death is a category B felony, punishable by two (2) to twenty (20) years in state prison, a fine between $2,000 and $5,000, a three-year administrative license revocation, and installation of an ignition interlock device for one to three years as a condition of reinstating driving privileges.
Vehicular Manslaughter
Vehicular manslaughter is addressed in NRS § 484B.657. This offense does not require any prior DUI convictions or even a DUI arrest or incident, but may be charged after a DUI arrest in some situations. The charge arises when a driver proximately causes the death of another person through conduct that constitutes simple negligence, which essentially amounts to the failure to act as a reasonable driver. Malicious conduct or an intention to harm is not required.
In general, the offense of vehicular manslaughter is a misdemeanor, unless it involves driving recklessly or driving under the influence of alcohol or drugs. The potential penalties for misdemeanor vehicular manslaughter are up to six (6) months in jail, a fine of up to $1,000, and a one-year driver’s license suspension.
The related but more serious charge of reckless driving causing injury or death under NRS § 484B.653 may be charged instead of vehicular manslaughter. This charge arises when a driver shows willful or wanton disregard of the safety of persons or property. Reckless driving causing injury or death is a category B felony.
Defending Against DUI-Related Charges
If you face any type of charge for causing an injury or death while driving, representation by an experienced criminal defense attorney is essential. When the situation also involves a DUI charge, the potential penalties and consequences are even more severe.
A knowledgeable DUI and defense lawyer analyzes the circumstances that led to the charge and develops strategies for 1) challenging the basis of the charge, and 2) negotiating with the prosecutor for lesser charges. Having a lawyer who knows the local criminal justice process and the policies and practices of the courts and prosecutors can make a significant difference in the outcome of your case — and therefore in the penalties and consequences of the charges.
Schedule a Free Consultation With a Las Vegas DUI Defense Attorney
Las Vegas criminal defense attorney Joseph Gersten represents residents and out-of-state visitors on DUI and DUID charges, as well on related charges arising from injuries and death. The Gersten Law Firm helps clients for matters in Las Vegas and throughout Clark County. No matter what state or federal criminal charges you face, we welcome you to contact us to schedule a free consultation and case evaluation.
