DUI Causing Injury

In Nevada, DUI Causing Injury is a class B felony offense punishable by two to 20 years in state prison, fines ranging from $2,000 to $5,000, and a three year driver’s license suspension.

Types of Injuries Considered Substantial Bodily Harm

A DUI Causing Injury charge may be filed if the victim suffers any of the following injuries after the accident:

  • Concussion
  • Chronic pain
  • Fracture
  • Long-lasting contusion
  • Loss of consciousness
  • Long-lasting cosmetic damage
  • Serious burns
  • Paralysis
  • Organ damage
  • Wounds needing stitches

Characteristics of DUI With Injury Charge in Nevada

A driver may be charged with DUI With Injury if he or she:

  1. Was under the influence of intoxicating liquor
  2. Had an alcohol concentration of 0.08 or more in their blood or breath
  3. Had an alcohol concentration of 0.08 or more in their breath within two hours after driving or being in physical control of a vehicle
  4. Was under the influence of a controlled substance or the combined influence of a controlled substance and alcohol
  5. Inhaled, ingested, applied, or used any poison, chemical, or organic solvent or any compound or combination of these to the degree that they were incapable of safely driving or controlling a vehicle
  6. Had an illegal substance in their blood or urine

Consequences of DUI With Injury Conviction

If a defendant is convicted of DUI With Injury, they face:

  • Two to 20 years in Nevada State Prison
  • A fine of $2,000 to $5,000
  • Three-year license revocation
  • One to three years of driving with an ignition interlock device once driving privileges are reinstated

A defendant transporting a child under 15 years of age at the time of the offense may face more severe penalties, as this is considered an aggravating factor.

How A Defense Attorney Will Fight Charges

DUI Causing Injury cases may be fought by the defense by uncovering the following evidence:

  1. Police incorrectly administered the breath test or blood test.
  2. The breath test or blood test were defective.
  3. The field sobriety tests were incorrectly administered.
  4. The defendant had rising blood alcohol.
  5. The defendant had GERD, which caused inaccurately high BAC results from the breathalyzer.
  6. The defendant became intoxicated after he or she stopped driving.

The defense attorney will fight the charges by collecting, reviewing, and presenting the following evidence:

  • Eyewitness testimony
  • Law enforcement reports
  • Eyewitness recordings from phones
  • Surveillance footage
  • GPS records
  • Medical records
  • Expert testimony reconstructing the accident

The defense attorney must raise a reasonable doubt that 1) the defendant was driving under the influence 2) the defendant caused the victim’s injuries. If the defense attorney is able to show this, the criminal charge should be dismissed. The charge may be reduced if the defense attorney is able to prove one of the conditions.

If the prosecutor can prove the defendant caused the injuries but is unable to show the defendant was DUI, then the charge could be reduced to felony reckless driving causing injury.

It’s important to hire an experienced criminal defense attorney specializing in vehicular crimes. Call Thomas Moskal today to schedule a consultation.

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