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Updated by Ross Goodman (Las Vegas) on Apr 30, 2019
Ross Goodman Ross Goodman
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How to Defend Against a DUI with Injury or Death Charge in Nevada

Causing death or even just an injury is a weighty toll to anyone. In DUI cases, the law enforcement are very much aware that drivers do not mean to cause any harm but still they are the ones who put themselves and everyone around them in jeopardy so they are more or less, still guilty of the crime.

Nevada DUI Penalties for Injury and Death | Las Vegas Criminal Defense Attorney Ross C. Goodman

If you or anyone you know is involved in a DUI-related road accident that resulted in injury or death, it is best to know how to stand up for yourself to avoid a conviction. Here are a few ways on how to defend yourself against a DUI with injury or death charge in Nevada.


Your car or your driving is not the cause of harm or death

You did not cause the accident in the first place; in fact, you may actually be another victim of somebody else's reckless driving. This may work even if they can prove that you were actually inebriated at the time of the accident, so long as it can be proven that other parties involved in the incident were driving recklessly as well. You can also assert that you were merely in the proximity of the accident.


You are not intoxicated or under influence of substances

The chaos of the situation may make it difficult for first responders to fully determine whether you were inebriated or not during the accident. You can use this as a defense to avoid suffering more severe penalties.


You went through faulty Breathalyzer and other sobriety tests

Related to the above, the responding officers may have been unable to properly perform the field sobriety tests because there were still injured persons that needed help. This defense can be used when the accident was of such magnitude that there was no way that proper procedure can be followed.


You were unlawfully stopped by the law enforcement

The accident happened in the first place because law enforcers forced you to a stop even in an area that was not under their legal jurisdiction. Sudden stops can be related to this defense.


You were involuntarily intoxicated

You had no idea that you had ingested an intoxicating substance before you took to the road. As such, you did not willingly commit to the crime; you can even claim that you took every step possible to avoid getting involved in a road accident.