Las Vegas Criminal Defense Blog

Last week a man who was convicted in Las Vegas of the Nevada crime of DUI causing death was sentenced to twelve years in Nevada State Prison. The incident occurred in April of 2010 after the defendant collided his car into the victim's car, resulting in his death. The defendant was also ordered to pay over three thousand dollars in fines and restitution. He may be paroled after serving 32 months.

Like it sounds, the Nevada crime of DUI causing death occurs when a drunk driver causes the death of another person. Note that it doesn't matter if the driver is impaired by alcohol--he/she can still be liable if his/her BAC of .08 or above. Typical defenses to this crime are that the DUI was not the proximate cause of the death, or that the driver did not begin drinking until after the accident.

The Nevada crime of DUI causing death is a category B felony carrying two to twenty years in prison and maybe a fine of $2,000 to $5,000. Judges may impose a sentence on the higher end of the prison range if the defendant was transporting a passenger of age fourteen or younger at the time of the incident. People convicted of this crime are usually segregated in prison from violent offenders.

For more on this story go to: http://www.fox5vegas.com/story/16609264/driver-in-fatal-downtown-vegas-dui-crash-sentenced

To learn more about whether a DUI suspect may refuse to take a chemical breath test in Nevada, watch our informational video:

This weekend a 19-year-old man was arrested for the Nevada crime of DUI causing death. While driving he allegedly struck a forty-six year old women, killing her. According to Las Vegas police this was the 42nd traffic death so far in 2011.

Like it sounds, the Nevada crime of DUI causing death is when someone who's driving under the influence of alcohol or drugs causes someone else to die. Typical defenses to this crime include that the breath/blood testing equipment was faulty, that the driver hadn't begun drinking until after he/she stopped driving, or that the death was not caused by the defendant's driving drunk. This crime is a category B felony in Nevada.

Penalties for the Nevada crime of DUI causing death include two-to-twenty years in prison and maybe a fine of $2,000 to $5,000. If the defendant was transporting a child fourteen or younger at the time of the incident, the judge may consider it an aggravating circumstance when deciding on the final sentence. People imprisoned for this crime are usually segregated from violent offenders.

For more on this story go to: http://www.ktnv.com/news/local/127667028.html

To learn about DUI breath test refusals in Nevada, watch our informational video:

Last week a forty-two year old man allegedly drove his BMW into a police officer who was parked near Town Square in Las Vegas. The cop reportedly was thrown fifty feet and suffered fractures and a punctured lung. The motorist was arrested for the Nevada crime of drunk driving causing substantial bodily injury.

The Nevada crime of drunk driving causing substantial bodily injury comprises DUI incidents where the motorist gets into an accident that causes someone other than him/herself to sustain serious injuries. Even if the driver wasn't technically impaired, having a BAC of .08 or above is per se illegal and subjects the driver to DUI prosecution. Standard defenses to this offense include that the driver had not been drinking until after the car stopped, that the breath testing equipment was faulty, that the physical harm was caused by something other than the driving, or that the victim was more at fault than the accused.

The Nevada crime of driving drunk causing substantial bodily injury is a category B felony in Las Vegas. The punishment includes two to twenty years in prison and maybe a fine of $2,000 to $5,000. The judge may impose a more serious prison sentence if the driver was transporting a child fourteen years old or younger.

For more on this story go to: http://www.lvrj.com/news/henderson-driver-arrested-after-car-strikes-las-vegas-police-officer-119853114.html

Sunday morning a California man was arrested for violating Nevada DUI with death law when he allegedly drove under the influence near the Strip and rear-ended another car, killing the passenger and critically injuring the driver. The suspect and his passenger weren't hurt. This was the 77th traffic death this year under Las Vegas Metro's jurisdiction.

Nevada DUI with death law applies when someone operates a car while drunk or high and gets into an accident that causes another person to die or sustain substantial bodily harm. Even if the driver doesn't appear impaired at the time of the collision, they can still be charged with this crime if his/her BAC was .08 or above. Common defenses to this crime include that the breath testing equipment was faulty, that the driver had not started drinking until after he/she stopped driving, and that the fatality was not caused by the driving, or that the other party was more at fault than the driver.

Penalties for a conviction of Nevada DUI with death law include two to twenty years in prison. The judge may order an additional fine of $2,000 to $5,000. If the driver was transporting a child under fifteen at the time, the judge will consider it as an aggravating factor in determining the severity of the sentence.

For more on this story, go to: http://www.lvrj.com/news/california-man-arrested-after-fatal-crash-near-strip-111763154.html

Last month ended with the sixty-second fatal car crash in Las Vegas Metro's jurisdiction. On October 30th a twenty-six year old passenger died from a car accident that allegedly resulted from drunk driving. The twenty-four year old driver, who sustained only minor injuries, was arrested for committing the Nevada crime of DUI causing death. The crash occurred west of the 215 between Robindale and Windmill.

The Nevada crime of DUI causing death is a category B felony in Nevada. The sentence includes two to twenty years in prison and maybe a fine of $2,000 to $5,000. However, people convicted of the Nevada crime of DUI causing death are usually housed in minimum security facilities and segregated from violent offenders.

When a DUI-related car accident does not result in death or substantial bodily harm, it's usually prosecuted as a misdemeanor. Typical penalties include fines, suspended jail time, DUI School, a Victim Impact panel, and a three-month drivers license suspension. However, a third DUI in seven years is always charged as a felony.

For more on this story, go to: http://www.lasvegassun.com/news/2010/nov/10/man-killed-dui-related-crash-south-valley-identifi/

The trial of a teenager accused of causing a 2008 DUI-related fatal car accident has been pushed back for the dozenth time. The defendant is charged with violating Nevada DUI with Death law and reportedly had a BAC level of .16 at the time of the collision, which is twice the legal limit. Two people were killed.

Nevada DUI with Death law makes it a felony to drive drunk or high and then cause a fatal car accident. Standard defenses include that the driver did not start drinking until after he stopped driving, that the breath/blood testing equipment was faulty, and that the accident was not proximately caused by the DUI. It's also a felony if the accident resulted in a serious injury and not death.

Standard penalties for violating Nevada DUI with Death law is two to twenty years in prison and maybe a fine of $2,000 to $5,000. If the driver was transporting a child under fifteen at the time, the judge may consider that as an aggravating factor when deciding the sentence. However, people convicted of DUI with death crimes are usually segregated from violent offenders in prison.

For more on this story, go to: http://www.fox5vegas.com/news/25030432/detail.html

This week a Clark County district court judge imposed the maximum sentence of eight to twenty years in prison on a woman who pleaded guilty in June to committing the Nevada crime of DUI with death. The victim died after she allegedly drove drunk and struck his Buick with her Jeep on Cheyenne and Rampart. Her BAC was reportedly more than two times the legal limit, and she already had one DUI conviction from 2001.

The Nevada crime of DUI with death makes if a category B felony to proximately cause the death of another person by driving drunk. It's also a felony if the driving results in substantial bodily harm. Common defenses include that the driver had not been drinking until after he/she stopped driving the car, that the breath testing equipment was faulty, that the fatality was not caused by the drunk driving, or that the victim was at more fault than the driver.

The penalties for committing the Nevada crime of DUI with death include 2-20 years in prison and maybe a $2,000-$5,000 fine. If the defendant was transporting a child under fifteen at the time, the judge may consider that when determining the prison time. Anyone convicted of drunk driving will probably be segregated from violent offenders while in prison.

For more info on this story, go to: http://www.lvrj.com/news/woman-sentenced-to-prison-in-drunken-driving-crash-that-killed-las-vegas-man-100789879.html