DUI Causing Death or Substantial Bodily Harm in Nevada (NRS 484C.430)
When a crash involving an impaired driver results in serious injury or death, the charge is no longer a misdemeanor DUI. NRS 484C.430 makes it a category B felony with a mandatory prison sentence. Probation is not available, and prosecutors are restricted from reducing the charge in a plea bargain.
The law also changed recently. Assembly Bill 4, passed in the November 2025 special session and effective January 1, 2026, increased the maximum sentence for DUI cases involving a death. This guide covers the elements, the current penalty ranges, and the defenses that matter in these cases.
Felony DUI With Injury or Death in Nevada at a Glance
| Statute | NRS 484C.430 |
| Classification | Category B felony |
| Substantial bodily harm | 2 to 20 years in prison and a $2,000–$5,000 fine |
| Death (offense on or after Jan. 1, 2026) | 2 to 25 years; 5 to 25 years if the driver has one or two qualifying prior DUI-type convictions |
| Probation | Not available – prison is mandatory |
| Record sealing | Not sealable under NRS 179.245 |
What the State Must Prove Under NRS 484C.430
To convict under NRS 484C.430, the State must prove beyond a reasonable doubt that:
- You drove or were in actual physical control of a vehicle, on or off a highway;
- At the time you were under the influence of alcohol or a controlled substance, had a breath or blood alcohol concentration of 0.08 or more (including within 2 hours of driving), or had a prohibited substance in your blood or urine at or above the statutory amount;
- While driving you did an act, or neglected a duty, imposed by law – such as speeding, failing to yield, running a light or crossing a center line; and
- That act or neglect was the proximate cause of the death of, or substantial bodily harm to, another person.
The “act or neglect of duty” element is often overlooked but is essential. Impairment plus a crash is not enough on its own; the State must identify a specific traffic violation or failure to exercise due care, and show that it caused the injury. If the other driver ran a red light and caused the collision, for example, the causation element may fail even if the accused driver was over the limit.
“Substantial bodily harm” is defined in NRS 0.060 as injury creating a substantial risk of death, causing serious permanent disfigurement or protracted loss or impairment of a body part or organ, or prolonged physical pain.
Penalties for Felony DUI With Injury or Death in Nevada
NRS 484C.430 carries a mandatory prison term. Under NRS 193.130, the minimum term a judge imposes cannot exceed 40 percent of the maximum term, which effectively controls when a person first becomes eligible for parole.
| Circumstance | Classification | Possible sentence |
|---|---|---|
| Substantial bodily harm | Category B felony | 2 to 20 years in prison; $2,000–$5,000 fine |
| Death – no qualifying priors (on or after Jan. 1, 2026) | Category B felony | 2 to 25 years in prison; $2,000–$5,000 fine |
| Death – one or two qualifying priors (on or after Jan. 1, 2026) | Category B felony | 5 to 25 years in prison; $2,000–$5,000 fine |
| Offense committed before Jan. 1, 2026 (death or SBH) | Category B felony | 2 to 20 years in prison; $2,000–$5,000 fine |
Each injured or killed person can be charged as a separate count, and judges may run sentences consecutively. A person with three or more prior DUI-type offenses who causes a death may instead face vehicular homicide charges under NRS 484C.130, which carries a sentence of up to life.
Because the prosecutor cannot dismiss the charge in exchange for a plea to a lesser offense unless the charge lacks probable cause or cannot be proved at trial, the defense investigation – not negotiation alone – usually determines the outcome.
Common Defenses to Felony DUI With Injury or Death Charges
Every case turns on its own facts, but these are the issues we look at first when reviewing a charge like this one.
Causation
Accident reconstruction is frequently the center of the case. Speed calculations, event data recorder downloads, roadway design, lighting and the other driver’s conduct can show that the crash would have happened regardless of impairment, or that someone else’s conduct was the proximate cause.
Challenging impairment evidence
Blood is usually drawn at a hospital or under a warrant, sometimes hours after the crash. Chain of custody, the timing of the draw, medical interventions such as IV fluids, and the lab’s methods can all affect the reliability of the result. For drug cases, the presence of a substance is not the same as impairment.
Rising blood alcohol and post-driving consumption
Alcohol continues to absorb after drinking stops. The statute itself provides an affirmative defense to the 2-hour theory if the driver consumed alcohol after driving and before testing, though it is not available when the driver also left the scene.
The injury does not meet the legal definition
In substantial bodily harm cases, medical records may show injuries that are painful but do not meet the statutory definition. If so, the case may be reduced to a misdemeanor DUI and other charges.
Suppression issues
Statements made at the scene or at the hospital, warrantless blood draws, and searches of the vehicle can all raise constitutional issues.
Record Sealing, Immigration and Other Consequences
Record sealing
A conviction under NRS 484C.430 can never be sealed under NRS 179.245. That makes the charging and plea stages especially important.
Civil liability
Most of these cases also involve a wrongful death or personal injury claim. Anything said in the criminal case can be used in the civil case, and insurance coverage questions often run in parallel.
Driver’s license, firearms and immigration
A conviction results in a lengthy license revocation. As a felony, it also triggers the firearm prohibition in NRS 202.360. Non-citizens should get immigration advice before entering any plea, because a felony with a prison sentence can carry serious immigration consequences.
Related Nevada Offenses
- DUI (NRS 484C.110) – the underlying impaired-driving offense.
- Vehicular homicide (NRS 484C.130) – applies when a driver with three or more prior DUI offenses causes a death.
- Leaving the scene of an accident (NRS 484E.010) – felony hit-and-run when injury or death results.
How Felony DUI With Injury or Death Cases Move Through Clark County Courts
Felony and gross misdemeanor cases in Clark County begin in a justice court (Las Vegas, Henderson, North Las Vegas or one of the outlying townships). The State must then show probable cause at a preliminary hearing, or obtain a grand jury indictment, before the case is bound over to the Eighth Judicial District Court for arraignment, motions and trial. The preliminary hearing is often the defense’s first chance to cross-examine the State’s witnesses under oath, and a large share of felony cases are reduced or resolved at the justice court stage, before bindover.
These cases often involve early bail litigation and a request to preserve vehicle data, scene evidence and 911 recordings. Those requests should be made quickly, before evidence is lost.
Frequently Asked Questions About Felony DUI With Injury or Death in Nevada
Can you get probation for DUI causing injury in Nevada?
No. NRS 484C.430 prohibits suspending the sentence or granting probation. If convicted under this statute, prison is mandatory.
What changed in 2026?
For offenses committed on or after January 1, 2026, AB 4 raised the maximum sentence for DUI causing death to 25 years, and set a 5-year minimum for a driver with one or two qualifying prior convictions. The penalty for substantial bodily harm remains 2 to 20 years.
Can a DUI death case be charged as murder in Nevada?
The Nevada Supreme Court has held that prosecutors generally must use the DUI-death statute rather than second-degree murder when the death results from impaired driving. Vehicular homicide under NRS 484C.130 applies to drivers with three or more prior DUI offenses.
Can the charge be reduced?
The statute limits plea bargaining, but a reduction is still possible if the State cannot prove an element – for example, causation, impairment, or that the injuries qualify as substantial bodily harm.
Talk to a Henderson Criminal Defense Lawyer About Your Felony DUI With Injury or Death Case
Joshua U. AlDabbagh has been licensed in Nevada since 2010 and began his career defending people accused of crimes in Clark County. If you or a family member has been arrested or charged under NRS 484C.430, the decisions made in the first days of the case matter: what is said to police, whether evidence is preserved, and how bail and release conditions are handled. Call Southern Nevada Law Firm, PLLC at 702-589-4771 or send a message online to schedule a consultation. Our office is at 2831 St. Rose Parkway, Suite 292, in Henderson, and we handle cases throughout Las Vegas, Henderson, North Las Vegas and the rest of Clark County. Learn more about our criminal defense practice.
Statutes Cited
- NRS 484C.430 – DUI resulting in death or substantial bodily harm
- NRS 484C.130 – Vehicular homicide
- NRS 193.130 – Categories and punishment of felonies
- NRS 179.245 – Sealing records after conviction
This article is general information about Nevada law as of October 2026, not legal advice for any specific situation. Statutes and court decisions change, and the outcome of any case depends on its facts. Reading this page or contacting the firm does not create an attorney-client relationship. Attorney advertising.