DUI charges carry steep penalties with them. First, second and third DUI offenses all carry with them the possibility of twenty years in jail and fines reaching $5,000 if that DUI causes an accident which results in the death or seriously bodily injury of another person. This is considered a Category B felony. Any DUI charge after a third offense carries with it a serious risk.
If a death occurs due to a DUI and the alleged offender already has three DUI charges against them then the charge becomes a Category A felony. We at the Law Offices of Garrett T. Ogata cannot stress how serious this charge is. Nevada Revised Statutes (NRS) 484C.130 and 484C.440 set forth serious penalties for vehicular homicide.
For a vehicular homicide charge to apply there are three facts that the state must prove. The driver must have been over the legal alcohol limit for driving during the accident. A person must also have three prior DUI charges. Finally, the driver must have proximately caused the death of another while in physical control of a vehicle.
The Law Offices of Garrett T. Ogata is committed to getting you the best outcome out of any DUI or vehicular homicide charge. These charges are very serious so it is important for you to contact us immediately. The state will not inform you that you may have not been at fault for the death, but we will make sure this possibility is delved into. We will work hard trying to have all charges against you cleared.