DUI With Substantial Bodily Harm

NRS 484C.430 lays out the penalties for a Nevada DUI Resulting in Substantial Bodily Harm or Death. Those elements are:

1. A person who:

(a.) Is under the influence of intoxicating liquor;
(b.) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;
(c.) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath;
(d.) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(e.) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle; or
(f.) Has a prohibited substance in his or her blood or urine, as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110, and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person.

To convict somebody in Nevada of DUI Resulting in Substantial Bodily Harm or Death, the State needs to prove two things:

1. A traditional DUI: The State must prove that the person driving was under the influence of alcohol or drugs. The State can prove a DUI via the impairment theory or a per se DUI.
2. A Breach of Duty: The State must prove that the person driving breached some duty while driving. Examples of a breach of duty could be speeding, failing to maintain the travel lane, running a stop sign, etc.

In order to be convicted of a DUI with substantial bodily harm in Las Vegas, the prosecutor must prove, that you were under the influence while driving and/or being in actual physical control of a motor vehicle and that your actions while driving were the proximate cause of the substantial bodily harm of another. Additionally, the prosecutor cannot offer a plea bargain to reduce the charge. In many instances, if you are charged in Nevada with a DUI resulting in substantial bodily harm and the evidence is weighed against you, the conversation is more about stipulating a particular prison sentence rather than negotiating for reduced charges. Nevada takes this particular offense incredibly seriously, especially if the DUI resulted in wrongful death. It’s recommended that you speak with an experienced DUI defense attorney right away to plan the best possible defense and mitigate the harsh consequences of a DUI with substantial bodily harm.

In Nevada, many violent crime charges can be enhanced when there is an allegation of substantial bodily harm. This can dramatically increase the range of punishment you may face under the law. That’s why it’s so imperative to have a skilled and aggressive defense lawyer by your side defending you from this conviction. If you are convicted of a DUI resulting in substantial bodily harm in Nevada, you will be facing the following penalties:

• A prison sentence spanning a minimum of 2 years to a maximum of 20 years
• Fines ranging between $2000 to $5000
• Required attendance at a victim impact panel
• Court mandated a Breath Interlock Device for at least 12 months
• License Revoked for 3 years following conviction

Unlike other first or second offense DUIs in Nevada, there are no treatment programs available if you are convicted of a DUI resulting in substantial bodily harm. Additionally, probation is also prohibited, and anybody convicted of a DUI resulting in substantial bodily harm or wrongful death in Nevada must serve their time in prison.

NRS 484C.430 Defines the penalties if death or substantial bodily harm results from a DUI:

Penalty if death or substantial bodily harm results; exception; segregation of offender; plea bargaining restricted; suspension of sentence and probation prohibited; affirmative defense; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

1. Unless a greater penalty is provided pursuant to NRS 484C.440, a person who:

(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath;
(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle; or
(f) Has a prohibited substance in his or her blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110, and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

A man is driving home from Allegiant Stadium following a Raiders game. During the course of the event, he drank too much and should not have driven home. As a result, he lost control of his vehicle and caused a serious car accident. At the scene, Las Vegas police determined that he was under the influence of alcohol while operating the vehicle, and was immediately arrested for driving under the influence (DUI). A few days later, he was told that the passenger in the other vehicle sustained a broken leg and severe whiplash from a collision. This new evidence enhances his charge to DUI resulting in substantial bodily harm. This scenario would take what would otherwise be considered a misdemeanor DUI offense and upgrade it to a far more serious felony offense, punishable by 2-20 years in Nevada State Prison. Additionally, if convicted of the crime of DUI with Substantial Bodily Harm in Nevada, the sentence is non-probational, meaning the person charged cannot receive probation. This is just one example of many similar cases we see on a routine basis at the Spartacus Law Firm. The one commonality that all of these cases have is that the penalties are very serious and the prosecutor will not show mercy without a strong defense to convince them otherwise. It’s imperative to have an experienced DUI defense attorney in your corner when disputing these types of charges.

In Gibson v. State, 95 Nev. 99 (1979), The Nevada Supreme Court reasoned that the evidence supported the finding of substantial bodily harm where a victim’s nose had to be restructured and the prognosis for its functional recovery was uncertain, and the victim’s wrist required a period of traction before it could be set.

Bruises, scratches, a black eye, and a broken arm can constitute substantial bodily harm. Hardaway v. State, 112 Nev. 1208 (1996).

Faulty Testing Equipment-At first glance a blood test seems conclusive, but a test is only as reliable as the equipment and testing procedures. If the testing equipment was not up to date or in working order you can challenge the results of the blood test itself. If the blood sample was not stored correctly or in conditions that preclude the sample from fermenting this would cause the results of the blood sample to be dubious. Was there a break in the legal chain of custody? Was the person who drew the blood legally certified to draw blood? In Nevada, only licensed professionals such as registered nurses, physicians, phlebotomists, and physician assistants can perform an evidentiary admissible blood draw.

A higher blood alcohol content reading can result if your skin was swabbed with alcohol before the blood draw and this would make the result unreliable in your case. Questions and issues about the officer’s certifications and qualifications can cast doubt about the DUI arrest and blood draw. An individual charged with a DUI Substantial Bodily Harm can assert the affirmative defense that the person charged with the DUI consumed a sufficient quantity of alcohol after driving or being in actual physical control of their vehicle, and before their blood or breath was tested, which proximately caused the individual charged to have a concentration of alcohol of 0.08 or more in their blood at the time of the blood test. These are a few of the defenses available to an individual charged with the serious offense of DUI with substantial bodily harm. Contact our office today to discuss all of your available options.