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DUI with Substantial Bodily Harm

A defendant who drives while impaired and causes substantial bodily harm or death to another person can be charged with a felony DUI under NRS 484C.430. If the crash results in numerous people being killed or injured, a separate offense can be charged for each person that suffered death or substantial bodily harm.

This type of felony DUI charge is classified as a category B felony punishable by between two years and 20 years in state prison. The offense is also subject to a fine between $2,000 and $5000. However, a charge does not have to mean a conviction. An experienced DUI defense attorney can help you build a strong defense in your case.

If you were charged with a felony DUI involving death or substantial bodily harm in Clark County or Las Vegas, Nevada, contact an experienced DUI attorney at Gallo Law Office.  As a Las Vegas DUI defense lawyer, James C. Gallo has handled some of the most complex cases. He understands what it takes to get favorable results in a case, and he can help you fight the charges.

Call (702) 385-3131 to schedule a free consultation to discuss your unique drunk driving charge today. James C. Gallo understands how important your future is, and he can help you fight to protect it. He represents clients throughout Clark County and the surrounding areas in Nevada including North Las Vegas and Henderson.


Information About DUI with Death or Injury


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Substantial Bodily Harm DUI in Nevada

Substantial Bodily Harm, or SBH, is sometimes called serious bodily injury. In Nevada, it is defined in NRS 0.060 to mean bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. It also could mean prolonged physical pain.

The courts have found bodily injury to include broken bones or even cosmetic disfigurement. See Hardaway v. State, 112 Nev. 1208, 926 P.2d 288 (1996); Levi v. State, 95 Nev. 746, 602 P.2d 189 (1979).

Additionally, the courts have found that the phrase “prolonged physical pain” is not vague or ambiguous because it has a settled and understandable meaning that there must be at least some physical suffering that lasts longer than the pain immediately resulting from the wrongful act. Gibson v. State, 95 Nev. 99, 590 P.2d 158 (1979); Brooks v. Sheriff, 89 Nev. 260, 510 P.2d 1371 (1973).


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Felony DUI With Injury or Death in Nevada

According to NRS 484C.430, unless a greater penalty is provided pursuant to NRS 484C.130 or 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 blood or breath

(c) Is found by measurement within two 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 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 him incapable of safely driving or exercising actual physical control of a vehicle

(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in NRS 484C.130 and 484C.440, 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, a person other than himself, 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.


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Additional Resources

Penalties for Category B DUI Felonies in Nevada – Find a chart for felony penalties. A third DUI within seven years under NRS 484.3792 is punishable by one to six years in prison. For DUI with a previous conviction of felony DUI, a DUI causing substantial bodily harm or death, or homicide resulting from DUI, the penalty is two to fifteen years in prison. No probation or suspended sentence is permitted for any felony DUI charge except in certain circumstances related to treatment. 


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Las Vegas Attorney for Substantial Bodily Harm DUI

If you were charged with a felony DUI involving death or substantial bodily harm, contact an experienced DUI attorney at Gallo Law Office. James C. Gallo is experienced representing clients charged with serious felony offenses throughout Clark County, including those in Las Vegas, North Las Vegas, and Henderson. Call (702) 385-3131 today for a free consultation.

Any DUI charge with substantial bodily harm is serious, even if the person accused has no prior record. From the DMV administrative hearing, arraignment, motion hearings through trial, James C. Gallo can protect your rights at every stage of the case. Let him put his experience to work for you to fight the case involving a DUI breath test, blood test, or refusal to submit to testing.

Article last updated on Friday, June 19, 2015.