Drunk driving charges can carry harsh penalties, but when a person is injured or killed as a result of the offense, it could be much worse. In Nevada, a DUI charge with substantial bodily harm or death is Category B felony, which could mean years in a state prison.
These cases often are complex, but the person accused of the crime still has the right to defend themselves against the charges. Because of the sensitive nature of these cases, having an experienced and understanding attorney could make the difference in your case.
If you or a loved one has been charged with DUI with substantial bodily harm or death, contact The Law Offices of Jeffrey Jaeger in Las Vegas. Jeffrey Jaeger is passionate about helping his clients, no matter how difficult the charges may appear. He uses his years of advocating on behalf of clients and his knowledge of criminal procedure to help his clients achieve favorable results in their cases.
Call (702) 816-3888 to schedule a free consultation with Jaeger. He can work one-on-one with you to ensure you understand each step of the process and that your rights are represented. The Law Offices of Jeffrey Jaeger represents clients throughout Las Vegas and the surrounding areas in Clark County.
If a person is driving or in actual physical control of a vehicle while under the influence and commits an act of negligence or neglects any duty imposed by state law that leads to the death of another or causes substantial bodily harm to another, he or she could face Category B felony charges, according to Nevada Revised Statute 484C.430.
Substantial bodily harm is defined in Nevada Revised Statute 0.060 as bodily injury that creates a substantial risk of death or which causes serious and permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. It also could be considered prolonged physical pain.
A Category B felony is punishable by imprisonment in a Nevada state prison for a minimum term of not less than two years and a maximum term of not more than 20 years. Once imprisoned, the offender would be segregated from those whose crimes were violent and be assigned to an institution or facility of minimum security, according to Nevada Revised Statute 484C.430.
A conviction also could mean being forced to pay a fine of not less than $2,000 and not more than $5,000, according to state law. Additionally, a conviction could mean years of consequences after the court-issued punishments are completed.
If the defendant was transporting a person who was younger than 15 years old in the motor vehicle at the time of the violation, the court would consider that fact as an aggravating factor in determining the defendant's sentence.
A prosecuting attorney, by law, cannot dismiss a DUI with substantial bodily harm or death in exchange for a plea of guilty, guilty but mentally ill, or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows the charge is not supported by probable cause or cannot be proved at the time of trial.
After being charged with a DUI offense that alleges you caused the injury or death of a person, you may feel like there are no options available. However, defenses still could exist in your case, and an experienced DUI lawyer can help you examine them.
According to Nevada Revised Statute 484C.430, if consumption of alcohol within two hours of driving or being in actual physical control is proven by a preponderance of the evidence, the driver may have an affirmative defense available.
The defendant, in this case, could argue he or she 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. This could have caused the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
If you have been charged with causing the death of another or causing substantial bodily harm as a result of a drunk driving crash, contact Las Vegas DUI defense attorney Jeffrey Jaeger. The Law Offices of Jeffrey Jaeger can build a strong defense in your case and help you pursue a favorable outcome. Call (702) 816-3888 to schedule a free consultation.
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