“Vehicular Homicide” in Nevada – NRS § 484C.130 & § 484C.440

Example:

Ed has three misdemeanor DUI convictions over the past thirty years. One night he is driving a motor vehicle intoxicated on the Strip, runs a red light, and hits a pedestrian, who dies. Ed can be charged with vehicular homicide because of the three prior DUIs. It does not matter that these convictions were from a long time ago.

If Ed did not have three prior DUIs, he would instead face charges for the lesser offense of DUI causing death (NRS 484C.430). NRS 484C.130 states that DUI becomes vehicular homicide when a person:

Proximately causes the death of another person while driving …; and

Has previously been convicted of at least three [DUI] offenses.

Penalties

NRS 484C.440 makes vehicular homicide a category A felony. The sentence is:

• Life in Nevada State Prison; or
• 25 years in prison

Though parole is possible after serving ten years. Your driver’s license will also be revoked for three years.

Nevada’s penalties for causing serious car accidents are much steeper whenever drugs or alcohol are involved:

Vehicular crimes causing injury or death	Nevada penalties
Vehicular homicide (NRS 484C.130): Fatal DUI following three prior DUIs	Category A felony: 25 years or life in prison
DUI causing injury or death (NRS 484C.430): Causing a fatality or substantial bodily injury from drunk or drugged driving	Category B felony: 2 – 25 years in prison (depending on the case) and $2,000 to $5,000
Reckless driving causing injury or death (NRS 484B.653): Driving with willful or wanton disregard of the safety of persons or property (no alcohol or drugs)	Category B felony: 1 – 6 years in prison and $2,000 to $5,000
Vehicular manslaughter (NRS 484B.657): Proximately causing another’s death by driving with “simple negligence” (no alcohol or drugs)	Misdemeanor: Up to 6 months in jail and/or $1,000

Defenses

Common arguments for fighting vehicular homicide criminal charges include:

1. You were not intoxicated,
2. You were not at fault for the accident, or
3. You did not have three prior DUI convictions

Below, our Las Vegas criminal defense attorneys discuss:

• 1. What is vehicular homicide?
• 2. How is it different from vehicular manslaughter?
• 3. What are the penalties?
• 4. Can I do DUI Court instead of prison?
• 5. What are common defenses?
• 6. Can the record be sealed?
• 7. What are the immigration consequences?

1. What is vehicular homicide?

Nevada’s legal definition of vehicular homicide is when you:

1. are committing DUI; and
2. cause a lethal collision; and
3. have three prior DUI convictions

The only “element” that differentiates vehicular homicide from DUI causing death is having three prior DUI convictions. These prior convictions can be from any time in your life. There is no “lookback” or “washout” period for NRS 484C.130 charges.

Note that you can commit DUI without being impaired by alcohol or controlled substances. Merely having a blood alcohol content (BAC) of at least .08% qualifies as DUI. Or merely having illegal blood levels of certain drugs qualifies as DUI. It is irrelevant if you are not acting inebriated, stoned, or high.¹

2. How is it different from vehicular manslaughter?

Vehicular manslaughter (NRS 484B.657) is an entirely separate crime from vehicular homicide in Nevada. Vehicular manslaughter is when your simple negligence causes a fatal car accident.

Example: Tori forgets to signal before turning right, causing a bicyclist to collide into her and die. Prosecutors slap her with a vehicular manslaughter charge for her negligent action of failing to signal.

Had Tori been drinking at the time of the accident, she would have faced DUI with death charges.

Vehicular manslaughter is only a misdemeanor. Penalties include:

• Up to six months in jail; and/or
• Up to $1,000 in fines²

3. What are the penalties?

As a category A felony, vehicular homicide carries:

• 25 years or life in Nevada State Prison with the possibility of parole after 10 years; and
• A 3-year license suspension / revocation

According to NRS 484C.440, you should be incarcerated in a minimum-security facility. You will probably be segregated from violent offenders. Plus, you may earn parole after ten years.

When determining the final sentence, the judge will consider whether a child under 15 was in the vehicle. This is called an “aggravating factor.” If this aggravating factor exists, the judge will impose a longer sentence than they might otherwise.³

Vehicular homicide penalties are harsher than those for DUI causing death. This is only a category B felony, carrying:

• 2 to 20 years in prison if only injury results;
• 2 to 25 years in prison if death results and you have no prior DUIs;
• 5 to 25 years in prison if death results and you have one or two prior DUIs;
• A fine of $2,000 to $5,000 (at the judge’s discretion); and
• A 3-year license revocation.⁴

4. Can I do DUI court instead of prison?

If you are charged with vehicular homicide, you are not eligible to do Felony DUI Court. Also called the Serious Offender’s Program, Felony DUI Court is an intensive rehabilitation program open to you only if you are facing a third-time DUI charge in Nevada.

5. What are common defenses?

The best defense strategies to vehicular homicide charges turn on the available evidence, such as:

• Surveillance video,
• Eyewitness testimony,
• Blood test and breath test results, and
• Accident reconstruction expert testimony

Below are potential defenses and how you may reduce or dismiss NRS 484C.130 charges:

Vehicular homicide defense	Potential result in Nevada
You did not cause the accident and were not under the influence of alcohol or drugs, or became intoxicated after the accident	The case may be dismissed entirely.
You were intoxicated but did not cause the accident	Charge may be reduced to a misdemeanor DUI if you have: no more than one DUI conviction in the past 7 years; and no prior felony DUI convictions Otherwise, the charge may be reduced to a felony DUI.
You caused the accident but: were not intoxicated, or became intoxicated after the accident	Charge may be reduced to: felony reckless driving (NRS 484B.653); or vehicular manslaughter (a misdemeanor)
You were intoxicated and caused the accident, but you did not have three prior DUI convictions	Charge may be reduced to DUI causing death (a felony).
The police committed misconduct. Examples include: performing an illegal search; coercing a confession; administering the field sobriety tests incorrectly; and/or mishandling the chemical testing equipment	The case may be reduced or dismissed entirely.

6. Can the record be sealed?

Felony DUI convictions may never be sealed in Nevada. Therefore, vehicular homicide convictions are unsealable.⁵

Though the record may be sealable if the case gets reduced or dismissed:

Nevada conviction	Record seal wait time
Vehicular homicide	Never
Felony DUI: DUI third DUI causing injury or death DUI following a felony DUI	Never
Misdemeanor DUI: DUI first DUI second	7 years after the case ends
Felony reckless driving	5 years after the case ends
Vehicular manslaughter	1 year after the case ends5
No conviction (dismissal)	Immediately6

Learn about how to seal criminal records in Nevada.

7. What are the immigration consequences?

DUI is generally not deportable. However, the rules get more complicated when a felony and fatality are involved.

Non-citizens facing fatal DUI charges should contact an attorney immediately. The attorney can analyze whether your legal status is threatened and how to fight back.

For additional help…

Charged with a fatal DUI under Nevada law? Our law office may be able to get the charge lessened or dismissed without a trial. Contact our Las Vegas DUI lawyers for guidance and representation.

See our related articles on first and second degree murder (NRS 200.030) and involuntary manslaughter laws (NRS 200.070).

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Legal References