Depends on the state. Idk bout Nevada but a lotta state’s DUI laws are lenient AF, even for something like this
The law in Nevada states that if a person is convicted of DUI which causes substantial bodily harm, or death, in another person, it is a FELONY offense. This is true even if the person charged has no criminal history whatsoever.
The charge for DUI causing substantial bodily harm or death is a category “B” Felony, which is the second most severe level of Felony in Nevada law. In this instance, such a crime is punishable by imprisonment in Nevada State Prison system for a minimum term of 2 years and a maximum term 20 years. It also carries a fine of between $2,000.00 to $5,000.00. More importantly, DUI causing substantial bodily harm or death is a non-probationable offense, meaning if you are convicted, you must go to prison.
Also pulled this from the same article
For instance, one of the essential issues in a DUI causing substantial bodily harm or death case is whether the charged driver who was allegedly intoxicated with alcohol or impaired by a controlled substance was the “proximate cause” of the serious bodily injury or death of the victim. If not, then the conviction, and the 2-20 year prison sentence that comes with it, cannot stand. Many lawyers, who do not specialize in DUI defense, do not know they have the right to present defense evidence that the person charged is not guilty of that element of the charge because something else caused the injury or death. This is known as a superseding or intervening cause.
www.tmz.com
