DUI Resulting in Death—Goodman Criminal Defense Attorney

DUI is one of the most common criminal cases one can face in Las Vegas. With the multitude of establishments serving alcohol, and the equally high number of private vehicle owners across the city, there is always bound to be at least one DUI case an hour. While a simple traffic stop due to drunk driving may be common, equally common are DUI cases where one or more parties involved eventually die. These DUI cases that result in death in Las Vegas are considered especially heinous, and the penalties are severe.

Read on to learn more about DUI resulting in death in Las Vegas, to get a better understanding of how to deal with it should you be accused of committing this crime.

Defining DUI Resulting in Death in Las Vegas

DUI resulting in death is, quite simply, a DUI case where an inebriated driver causes a traffic accident that results in the death of either bystanders, the DUI driver’s passenger or passengers, or drivers and/or passengers in other vehicles. The charge is valid only if the prosecution can prove that the accused involved in the incident was under the influence and physically impaired from driving properly at the time, and the deaths occurred as a result of injuries sustained from the accident.

In most cases, DUI resulting in death in Las Vegas can be considered as vehicular manslaughter or vehicular homicide. In cases where the driver’s behavior is proven to be exceedingly reckless, the State can elevate the charge to a murder, which warrants immediate elevation to a Category A felony.

Aggravating Factors for DUI Resulting in Death

DUI resulting in death in Las Vegas are automatically considered as felony cases. However, other factors may affect the severity of the potential penalties one can incur from the case.

Some of these aggravating factors include:

– The number of people involved

– The number of deaths

– Medical costs incurred as a result of the accident

– The defendant’s behavior at the time of the incident

As stated earlier, excessively reckless behavior on the part of the defendant may increase the chances of a severe conviction.

Penalties for DUI Resulting in Death in Las Vegas

DUI in Las Vegas  involving injury or death automatically fall under a Category B felony. This means that the accused can face the following penalties if found guilty:

– Minimum of two years to a maximum of 15 years of prison time in a state penitentiary

– Between $2,000 and $5,000 in fines (does not include additional fees that may be demanded by the courts)

– Attending a Victim Impact Panel for repeat offenders

– Revocation of driver’s license for a maximum of three years

– Installation and usage of a brake interlock device for a period between one and three years

– Regular reporting for alcohol and drug evaluation

Note that the time spent and the fees paid may be increased depending on the number of victims involved.

If the case warrants an elevation to murder due to reckless behavior, the penalties will be on par with a Category A felony, including

– 25 to life incarceration

– Victim Impact Panel

– Revocation of driver’s license for a maximum of three years

– Installation and usage of a brake interlock device for a period between one and three years

Facing a Las Vegas DUI Resulting in Death Charge

The prospect of spending the rest of your life in prison due to a DUI resulting in death charge is not something many want to imagine, but it can be avoided if you know what to work with. Las Vegas defense attorneys know that the burden of proving their client’s guilt lies in the prosecution, who must prove beyond reasonable doubt that the incident that caused physical harm to the victims were caused by an inebriated driver.

The prosecution has to prove that

– The alcohol was imbibed before the incident occurred, but not long enough that the inebriating effects will already be gone

– The equipment used to confirm the driver was drunk were not faulty or improperly used

– The fatality was caused directly by DUI-induced incident (for example, the victim may have suffered grievous wounds from the incident but actually died from other underlying causes)

In the event that conviction cannot be avoided, defense lawyers often seek ways to lower the sentence to a misdemeanor to reduce penalties incurred and avoid a worse fallout in their personal and professional lives. Plea bargaining is often recommended when an outright acquittal would be difficult to achieve.

Defending Against DUI Resulting in Death with Goodman Criminal Defense Attorney

Ross C. Goodman, Esq. Of Goodman Criminal Defense Attorney understands that a DUI case resulting in death is a major legal issue that must be addressed promptly and professionally. As such, he uses his skill and experience in working on such cases to ensure that his client gets the best outcome from the legal proceedings. With over two decades of handling DUI cases and other criminal charges, Goodman Criminal Defense Attorney is your best bet in avoiding a severe conviction due to DUI resulting in death in Las Vegas.

Get in touch now by calling 702-383-5088, and let Ross help you deal with your Las Vegas DUI resulting in death case.