Can a Driver be Charged With A Felony for Drunk Driving in Las Vegas Nevada After Hitting Someone?
Yes, depending on the circumstances of your arrest, and the level of damages you caused to a person or property while driving under the influence of alcohol.
Traffic Deaths and Drunk Driving.
Nevada traffic deaths increased to 331 people in 2018 due to speed, impairment behind the wheel and not yielding the right of way. About a third of all United States traffic crash deaths involved drunk drivers with blood alcohol levels of .08 g/dL or higher, although lower blood alcohol levels can impair driving and cause accidents as well.
Drunk Driving Offenses.
Charges related to drunk driving are either felony or misdemeanor offenses. The penalties for drunk driving depend on factors including blood alcohol level, age, and repeat offender status, to name a few. The outcome involves costly fines, driver’s license revocation, and jail time when warranted. In Nevada, a first time DUI offender faces up to 6 months in jail and a fine of up to $1,000. Their license can also be suspended for a minimum of 90 days. Second offenses of DUI can also be misdemeanor offenses.
For a third offense, a driver will most often be charged with a felony and can: 1) be sentenced up to 6 years in prison; 2) be fined up to $5,000, 3) have a license suspended for up to 3 years after jail time is served, 4) must attend drug, alcohol and victim panel programs, and 5) pay administrative fees to the Nevada Department of Motor Vehicles. The typical costs associated with driving under the influence are about $10,000 including fees, fines and increased insurance premiums.
There are other situations that can make first or second DUI charges a felony.
- If you cause serious injury or great bodily harm to another person while driving under the influence;
- If you kill someone while driving under the influence;
- If you have two prior DUI convictions in the last seven years;
- If you have a previous DUI felony conviction.
Ignition Interlock Device.
The Ignition Interlock Device’s purpose is to reduce and potentially eliminate people from driving under the influence of alcohol, making the roadways safer, thereby reducing the number of traffic injuries and fatalities caused by drunk driving in Nevada. It is also a tool utilized by past offenders to enable them the freedom of using their driving privileges.
SB259.
Nevada passed Law SB259 which went into effect Oct. 1, 2018, according to the Nevada Office of Traffic Safety, whereby any person arrested for DUI is required to install an ignition interlock device in order to reinstate their driving privileges. The device measures the level of alcohol in the driver’s breath through a mouthpiece. If the device detects alcohol, the driver will not be able to start the vehicle. A camera accompanies the device to confirm that the person who provided the breath is the one driving the vehicle.
NRS 42.010.
If a drunk driver has caused you physical injury or damaged property in Las Vegas Nevada, your rights include full compensation for losses, including medical expenses, loss of income, loss of earning capacity, and pain and suffering. In accordance with Nevada Law NRS 42:010 you have the right to seek punitive damages as well.
Hire a Lawyer.
It is in your best interests to hire a lawyer regarding DUI charges leading to injury in Las Vegas for a review of your case and advise on the best strategy and possible outcomes.
Southwest Injury Lawyers
8716 Spanish Ridge Ave #120
Las Vegas, NV 89148
Phone: 702-600-3200
Fax: 702-447-7936
Sources:
https://zerofatalitiesnv.com/wp-content/uploads/2019/01/December-2018-STATE-FATAL-REPORT35.pdf
https://law.justia.com/codes/nevada/2010/title3/chapter42/nrs42-010.html
