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.
- If convicted a person can expect a sentence of twenty-five years to life.
- Parole is an option, but not anytime soon. A person convicted of vehicular
homicide is only eligible for parole after serving at least ten years.
- Even when parole becomes an option there is no guarantee that it will be
granted. This means a conviction of vehicular homicide can literally keep
a person in prison for life.
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.