NRS 484C.130: Vehicular Homicide—What Nevada Law Says

Driving under the influence of alcohol or drugs is a serious offense that can lead to hefty fines, jail time, and license suspension. But multiple DUIs can be especially problematic, as they could lead to even more serious charges such as vehicular homicide.

In Nevada, NRS 484C.130 lays out the specifics of this particular crime, including its definition, elements of the crime, and penalties for conviction. In this article, we’ll cover some potential defenses against vehicular homicide charges in addition to possible alternatives to prison sentences. We’ll also answer some frequently asked questions about the topic.

If you have been charged with vehicular homicide in Nevada, it’s important to understand what your rights are and take steps accordingly. Hiring an experienced DUI lawyer like The Defenders is the best way to ensure your rights are protected and you get the representation you need. Vehicular homicide carries very heavy penalties that you don’t want to face alone.

Definition of Vehicular Homicide

Vehicular homicide is defined under NRS 484C.130 as when a person:

1. Is driving under the influence (DUI)
2. Causes the death of another while driving or in physical control of a vehicle
3. Has three prior DUI convictions

For example, Sam is driving while under the influence of alcohol. He runs a red light and hits another car, killing the driver of that car. Because Sam has three prior DUI convictions in the last 20 years, this could be considered vehicular homicide in Nevada.

Elements of the Crime

In order for someone to be convicted of vehicular homicide in Nevada, prosecutors have to prove several elements beyond a reasonable doubt. These include:

1. The accused was driving or in physical control of the vehicle
2. While under the influence of alcohol or drugs
3. Caused the death of another person
4. Has three prior DUI convictions in Nevada

It doesn’t matter whether those prior convictions were 5 or 10 years apart. That “lookback” period only applies to simple misdemeanor DUIs and whether they’ll be charged a felony DUI or not.

It also doesn’t matter if the defendant were showing signs of impaired driving. By legal definition, if the driver has a blood alcohol content of at least 0.08%, that qualifies as a DUI. And this applies to illegal levels of certain drugs too, including marijuana despite being legal in the state.

Penalties for Vehicular Homicide in Nevada

If convicted of vehicular homicide under NRS 484C.130, the penalties can be quite severe. In Nevada, this crime is considered a Category A felony and carries with it 25 years or life in prison with the possibility of parole after 10 years served. You’ll also face a 3-year license suspension.

Under Nevada Law, a category A felony is the most serious felony offense one can get. This is the same charge as murder, so the consequences are quite serious. With that, it’s important to note that vehicular homicide has harsher penalties than a DUI resulting in death, which is only a category B felony.

That said, according to NRS 484C.440, individuals convicted of vehicular homicide should be incarcerated in a minimum security facility so as to segregate them from offenders whose crimes were violent.

Lastly, judges will take into consideration other aggravating factors to determine the length of the prison sentence. For example, if the defendant was transporting a child under 15 at the time of the accident, the judge will impose a longer sentence.

Defenses to Vehicular Homicide Charges

If you’ve been charged with vehicular homicide in Nevada, there are several defenses that your criminal defense attorney may pursue on your behalf. Your DUI lawyer will use all the available evidence such as CCTV or dashcam videos, eyewitness testimony, police reports, blood tests and breath test results, and more to prove your innocence.

Below are the most common defenses used in vehicular homicide cases include:

Defendant Did Not Cause the Accident

In some cases, your lawyer may be able to prove that you were not responsible for the death of the other person. This could mean that another car or a defect in the road was actually responsible. It can also be possible that the pedestrian or cyclist was negligent in their own actions and contributed to the accident.

Not Under the Influence of Alcohol or Drugs

Your lawyer may be able to prove that you were not impaired by alcohol or drugs at the time of the accident. For example, if your blood test results indicate that there was no alcohol or drugs in your system then this could be used as a defense.

Did Not Have 3 Prior DUI Convictions

If you don’t have three prior DUI convictions, then your lawyer may be able to prove that you can’t be charged with vehicular homicide. This would depend on the specifics of your case and the evidence available so it is important to work with an experienced criminal defense attorney.

Police Misconduct

In some cases, your lawyer may be able to prove that the police failed to follow proper procedure during the investigation or when arresting you. This could include a failure to read your Miranda rights or administering the breathalyzer or field sobriety tests incorrectly. If this can be successfully argued in court, then the charges may be dropped or reduced.

Consequences of a Conviction for Vehicular Homicide in Nevada

A conviction for vehicular homicide in Nevada is a very serious matter and carries significant consequences. In addition to the prison sentence, you may also have to pay large fines as well as restitution to the victims and/or their families. You will also lose your driver’s license for at least three years and may be required to install an ignition interlock device on your vehicle.

A conviction for vehicular homicide can have long-term effects on your life. You may find it difficult to get a job or rent an apartment as you will now have a criminal record.

Since vehicular homicide is a felony offense, records cannot be sealed. This stays on your record forever.

Alternatives to Prison Sentence Available Under NRS 484C.130

Unfortunately, vehicular homicide is not eligible to qualify for the Serious Offenders Program otherwise known as Felony DUI Court. The state of Nevada only offers this program to defendants facing their third-time DUI charge.

This is why it is important to work with an experienced criminal defense lawyer who can help you present a strong case in court and fight for the best outcome possible.

Steps You Should Take If Charged with Vehicle Homicide in Nevada

If you’ve been charged with vehicular homicide in Nevada, the first thing you should do is contact a qualified criminal defense attorney who has experience handling these types of cases. Your lawyer will be able to build a strong defense and represent your best interests in court.

The Defenders can provide you with an aggressive and experienced defense against vehicular homicide charges. Our team is well-versed in Nevada criminal and DUI laws. We can present a strong case on your behalf to protect your rights and prove your innocence. Contact us today for a free consultation.

Frequently Asked Questions