Tuesday, February 26, 2019

On DUI with Serious Bodily Injury or Death

 DUI manslaughter, intoxication manslaughter, intoxication assault, or vehicular homicide is a charge when a traffic accident results in the death or bodily injury of another person. Victims of such an offense can be passengers, other drivers, or even passersby.


Causing death or injury because of driving under the influence is a category B felony, and is subject to the following penalties:
  • Imprisonment in  State Prison for a minimum of 2 and a maximum of 20 years
  • Fines from $2,000 to $5,000

The prosecution must prove that impaired driving caused by alcohol or other intoxicating substance led to the bodily harm. On the other hand, the defense must identify an intervening event during the accident, and prove that this intervening event led to the accident, not the intoxication. If the plausibility of the intervening event is stronger than the intoxication argument, the DUI felony charge can be dropped entirely, or at least reduced.

The defendant may also opt to prove that the alcohol found in his or her system was consumed after the crash. They must prove this by providing toxicology reports within 14 days of the incident, or as dictated by the court.

Knowing the intricacies of DUI manslaughter cases can make a huge difference in gaining an acquittal. Consult a seasoned DUI attorney in Nevada if facing such a charge.