Drunk driving accidents are entirely preventable, and Nevada law imposes criminal and civil liability on intoxicated drivers. A DUI accident attorney from Adam S. Kutner, Injury Attorneys, can help you recover financial compensation after you are injured by a drunk driving accident.

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    Introduction To Dui-Related Car Accidents In Nevada

    A set of car keys next to an alcoholic beverage.

    According to the most recent Nevada Traffic Safety Crash Facts report, impaired drivers were the leading cause of traffic deaths from 2017 through 2021. This report only included legally impaired drivers. The numbers would be even higher if they included “buzzed” drivers with alcohol in their systems below the legal limit.

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    Nevada Dui Laws And Legal Limits

    DUI arrests often result from traffic stops or DUI checkpoints. What you need to know about DUI checkpoints is that they are legal as long as they are administered in an unbiased way. 

    Nevada’s DUI statute covers two types of violations. First, the law prohibits driving under the influence of alcohol, drugs, or inhalants. Prosecutors will present evidence of impairment, such as erratic driving or a failed field sobriety test, to prove the driver was “under the influence.” Prosecutors do not need a chemical test to establish this violation.

    Second, the law prohibits driving with a BAC over the state’s legal alcohol limit of 0.08%. Prosecutors do not need to prove that the driver’s skills or judgment were impaired. They only need a chemical test that shows 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

    Criminal Penalties For Dui Accidents In Nevada

    The criminal penalties for a DUI accident depend on the crash’s severity. If the driver only damaged property or caused minor injuries, prosecutors will charge the driver with an ordinary DUI. A conviction could result in jail time, court-ordered rehab, and a fine.

    If the driver caused substantial bodily harm or death, the penalties are significantly enhanced. Substantial bodily harm includes:

    • Life-threatening injuries
    • Permanent disfigurement
    • Loss or impairment of a body part
    • Prolonged physical pain

    This violation is a category B felony punishable by two to 20 years in prison.

    Civil Liability In Dui Car Accidents

    Civil liability for car accidents depends on negligence law. Negligence means the driver failed to exercise reasonable care under the circumstances.

    DUI accidents are the result of the impaired driver’s carelessness in driving while they are unfit. A reasonable drinker would call a taxi, walk, or ride with a designated driver.

    When an impaired driver causes an accident, they become liable for the losses incurred by the victims. These losses include medical bills, lost income, and pain and suffering.

    Insurance Implications For Dui-Related Accidents

    A drunk driver’s insurance will usually pay for the losses they cause up to their policy limits. Crash victims and their attorneys can file DUI accident claims with the drunk driver’s insurer. Although driving while intoxicated does not automatically constitute negligence, it will in many situations.

    The Role Of Blood Alcohol Content (Bac) In Dui Cases

    BAC is important but not essential to prove either criminal or civil liability. In criminal cases, prosecutors can rely on police dashcam video to prove the driver’s impairment without a blood or breath test. They can also use the arresting officer’s testimony that the person’s balance, judgment, or coordination was impaired.

    Similarly, in civil cases, your Las Vegas car accident lawyer does not need to prove the other driver was legally drunk. They do not even need to prove the driver was buzzed. Instead, the judge or jury will examine the driver’s actions to decide whether they were negligent.

    Thus, it does not matter whether the other driver hit your car because they were drunk, tailgating, or texting. They are liable for the collision regardless of the reason for their negligence.

    Defending Against Dui Charges After A Car Accident

    Criminal defendants have a few legal defenses against DUI charges, including:

    • Unreliable testing protocols
    • Uncalibrated test equipment
    • Alternative explanations for erratic driving, such as a mechanical problem

    They might also raise a defense of involuntary intoxication if they were unknowingly drugged.

    Steps To Take If You’re Involved In A Dui Accident

    First, report the crash to the police. The investigation will produce a crash report that can help your accident claim. When the police arrive, make sure to mention your suspicions about the driver’s impairment.

    Seek medical care for your injuries. A doctor or hospital can document your injuries and prescribe a treatment plan. This information can help your DUI accident attorney calculate your losses.

    Hiring A Lawyer For Dui Accident Cases In Nevada

    Many personal injury lawyers represent accident victims against drunk drivers and their insurers. Start by gathering names of attorneys. Referrals from friends and family members are often reliable.

    Schedule free consultations to interview the lawyers. Ask questions about their experience with similar cases. Also, discuss fees to understand how the lawyer’s contingency fee works.

    Nevada Statutes Relevant to DUI Car Accidents

    The main statute that may arise in a DUI accident claim is Nevada’s comparative negligence law. Under this law, the drunk driver can reduce their liability by shifting at least some of the blame to you. For example, if you were texting while driving and the other driver was intoxicated, you might both share in the cause of the accident.

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    Dui Accidents Claims in Nevada FAQs

    What Are The Penalties For Causing A Car Accident While Driving Under The Influence In Nevada?

    The penalty for causing a crash while intoxicated depends on the outcome of the collision. If the driver only damages property, it is treated as a normal DUI, with sentences ranging from no jail time for a first offense to up to six years in prison for a third offense. 

    However, if the driver caused substantial bodily harm or death, a conviction could result in a prison sentence of up to 20 years.

    Can I Still Be Sued For Damages If I Was Convicted Of A Dui In A Nevada Car Accident?

    Yes, the criminal and civil legal systems operate independently. Victims of a drunk driving accident can hire DUI accident attorneys to sue a driver whether they were convicted of drunk driving or not. 

    The issue in the criminal case will be whether the driver violated DUI laws. However, the issue in the civil case will be whether the driver was negligent.

    What Is The Legal Blood Alcohol Content (Bac) Limit For Drivers In Nevada?

    The legal alcohol limit in Nevada is 0.08%. This translates to 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

    Recovering Compensation For Dui Accidents

    DUI drivers face both criminal and civil liability. People injured by intoxicated drivers can pursue compensation for their losses from the driver and their insurer, whether the driver is convicted or not.

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    Nevada Traffic Safety Crash Facts. (2024).

    Nev. Rev. Stat. § 41.141. (2024).

    Nev. Rev. Stat. § 484C.020. (2024).

    Nev. Rev. Stat. § 484C.110. (2024).

    Nev. Rev. Stat. § 484C.400. (2024).

    Nev. Rev. Stat. § 484C.420. (2024).

    Adam S. Kutner reviews and testimonials

    “We were in a car accident – we were coming off of the interstate and were waiting – yielding at the exit and a car sped through the exit and smacked us in the rear.

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    – Janae Reynolds. 5/5 Stars

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      Adam s. Kutner - las vegas car accident lawyer
      Adam S. Kutner
      PERSONAL INJURY LAWYER

      With more than 33 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.