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WHAT IS DUI CAUSING SUBSTANTIAL BODILY HARM OR DEATH IN NEVADA?
When a DUI results in substantial bodily harm or death to another person, Nevada elevates the charge from a standard DUI to a Category B felony. This charge carries mandatory prison time and cannot be reduced to a misdemeanor.
WHAT THE PROSECUTION MUST PROVE
To convict you of DUI Causing Substantial Bodily Harm or Death in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant was operating a vehicle under the influence of alcohol or drugs
The defendant's impairment was a proximate cause of the accident
Another person suffered substantial bodily harm or death
The defendant's BAC was 0.08% or higher, or they were under the influence of a controlled substance
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR DUI CAUSING SUBSTANTIAL BODILY HARM OR DEATH IN NEVADA
Substantial bodily harm
Category B Felony — 2–15 years prison, fines up to $5,000
Death of another person
Category B Felony — 2–20 years prison, mandatory prison term
Subsequent offense
Enhanced penalties, longer mandatory minimums
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending dui causing substantial bodily harm or death charges
Causation is often the most contested element in DUI injury cases. The prosecution must prove your impairment caused the accident — not that an accident happened while you were impaired. These are different things.
Accident reconstruction experts are essential in these cases. I retain qualified experts to challenge the prosecution's theory of how the accident occurred.
Blood alcohol evidence must be properly collected, stored, and tested. I scrutinize the chain of custody and testing protocols in every DUI case.
If the other driver was also at fault, comparative negligence can be a powerful defense. The accident may have been caused by their actions, not your impairment.
These charges carry mandatory prison time if death results — there is no probation option. The stakes require the most thorough defense possible.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO DUI CAUSING SUBSTANTIAL BODILY HARM OR DEATH
Every case is unique, but these are the defenses most commonly raised in dui causing substantial bodily harm or death cases in Nevada:
Causation — defendant's impairment did not cause the accident
Comparative fault of the other driver
Improper blood alcohol testing
Rising blood alcohol defense — BAC was below limit while driving
Challenging the stop or arrest procedure