Increased Penalties for DUI Causing Death in 2026

Effective on January 1, 2026, Nevada substantially increased the potential penalties for a conviction of the offense of DUI causing death. The increases give prosecutors more leverage and empower judges to impose more severe punishment for the offense than previously, making it even more imperative to defend against a charge of DUI causing death.

New Penalties for the Nevada Offense of DUI Causing Death

Under state law, the charge of DUI causing death applies when a driver causes the death of another person while operating a vehicle under the influence of alcohol, drugs, or a combination of alcohol and drug. The offense is a Category B felony. A defendant facing the charge may receive severe penalties, including long-term prison time, substantial fine, and other life-changing consequences.

The Nevada Safe Streets and Neighborhoods Act, enacted in 2026, did not change the category of the offense, but the Act expanded the sentence range, impacting the amount of prison time a judge can impose for a conviction. The changes distinguish between drivers without prior DUI convictions and those with prior DUI convictions.

Drivers With No Prior Convictions

Before the increased penalties went into effect, a driver with no prior DUI convictions faced a potential prison sentence of two (2) to 20 years in prison after a conviction for DUI causing death. After January 1, 2026, the potential penalties for a driver with no prior DUI convictions include:

1. A prison sentence of two (2) to 25 years in Nevada State Prison,
2. A fine between $2,000 and $5,000,
3. Mandatory restitution,
4. Long-term driver’s license revocation, and
5. A permanent felony conviction on the defendant’s public criminal record.

The five-year increase in the potential prison sentence provides prosecutors with more leverage during plea negotiations and sentencing hearings, in addition to empowering the court to impose a longer sentence. For a defendant, the need to assert an aggressive defense to a DUI causing death charge is now even greater than it was previously.

Drivers with Prior DUI Convictions

The potential penalty increase is even more for a driver who has a prior DUI conviction than for a driver with no prior DUI convictions. Previously, a defendant with one or two prior DUI convictions faced a possible prison sentence of two (2) to 25 years in most cases. Under the increased penalties, the minimum prison term has significantly increased, which removes judicial discretion at the lower end of the sentencing range and guarantees a higher minimum sentence.

On conviction of DUI causing death, a driver with one or two prior DUI convictions faces potential penalties include:

1. A prison sentence of five (5) to 25 years in Nevada State Prison,
2. A fine between $2,000 and $5,000,
3. Mandatory restitution,
4. Extended license revocation, and
5. A permanent felony conviction on the defendant’s public criminal record.

The increased potential penalties make it imperative to vigorously challenge a DUI causing death charge, beginning at the earlier opportunity.

(For drivers with three or more DUI convictions, vehicular homicide charges and penalties apply.)

Effect of Increased Penalties

The increased penalties obviously expose a defendant to the possibility of a longer prison sentence. With greater sentencing ranges available, a prosecutor may be less likely to negotiate or reduce charges unless the defendant’s legal counsel puts forth a strong and aggressive defense. The criminal defense attorney must investigate the circumstances of the charges in significant detail to uncover flaws in the prosecutor’s case. For a defendant, it is critical to get an experienced defense attorney involved in the case as early as possible.

Other Nevada Offenses for a DUI Causing Death

In Nevada, a fatal accident involving alcohol or drugs may result in charges other than DUI causing death. Our previous blog post explains the differences between DUI causing death, vehicular homicide, and vehicular manslaughter. The charge in a particular case depends on the analysis of the circumstances by law enforcement and the prosecutor.

The potential penalties for a conviction are always severe in a case involving a DUI charge. The importance of legal representation by an experienced and knowledgeable attorney cannot be understated. 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, including the penalties imposed and the other 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. No matter what state or federal criminal charges you face, we welcome you to contact us to schedule a free consultation and case evaluation.