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Las Vegas DUI and Drunk Driving Attorneys

If you or a loved one has been injured by a party who was drunk driving in Las Vegas, contact our experience and top rated attorneys today for a free no risk consultation.

DUI driver caught in the act

Las Vegas, Nevada has one of the highest numbers of drunk driving accidents than any other city in the United States. About 1.5 million Americans get arrested for driving under the influence each year. Nevada laws allow those who have been injured in a drunk driving accident to seek compensation from the negligent party. Drunk driving accidents can lead to very severe and catastrophic injuries, often even fatalities. No person should have to endure such a traumatic experience. Contact our Las Vegas attorneys for assistance getting the maximum compensation you deserve and to hold the at fault parties liable for their actions.

 In a drunk-driving accident, the victim who is filing a lawsuit against the at fault party is considered the plaintiff. The party that the victim is suing is considered the defendant.

 Las Vegas Drunk Driving Statistics

  • There are around 15 DUI arrests in Las Vegas each day
  • Las Vegas experiences around 2,000 arrests per 100,000 residents
  • Las Vegas increased their DUI conviction punishment from $5,000 to $7,000
  • Deadly crashes in Las Vegas increased 30% from the previous year. Drunk driving is the leading cause of deadly accidents in Las Vegas was because of drunk driving

 In Nevada, it is considered a class B felony to be driving under the influence of alcohol and / or drugs. If the drunk driver causes any type of substantial bodily injuries to another or death to another, they may be punished with 2 to 20 years in prison, along with any monetary fees between $2,000 to $5,000. This is stated under the Nevada Revised Statute 484C.430.

Other than criminal penalties imposed by the state government, there are also various ways that an injured party could seek compensation from their injuries. This requires filing a civil lawsuit against the party. Our attorneys handle civil lawsuits against at fault parties to make sure that you received the compensation you deserve for your medical bills, property damage, emotional distress, Etc.

 What is considered to be under the influence in Nevada?

Under Nevada laws, when a motorist causes another person to die or sustain bodily harm while they are under the influence, they could be held liable for any compensation. This includes:

  • Driving under the influence of an alcoholic beverage
  • When the alcohol has a concentration of 0.08 or more in the driver’s blood or breath
    • The driver was found to be driving within the 2 hours of having an alcohol concentration of 0.08
    • Or
    • The driver inhaled, ingested, or applied a chemical or organic solvent
    • Or
    • the driver has a prohibited substance in his blood or urine

What type of damages could I receive if I have been hit by a drunk driver in Las Vegas?

Victims who have been injured by a drunk driver in Las Vegas can sue the drunk driver and the drunk driver’s insurance company for their negligence.

  • Medical bills: such as physical rehabilitation, cost for hospital stays, prescription medication
  • Past lost wages: while the victim took off from work to heal from their injuries
  • Future lost income: drunk driving accidents could lead to very severe injuries, and sometimes victims may not be able to return back to their normal life and their regular jobs.
  • Pain and suffering: this involves all non-economic damages that the victim suffered such as emotional trauma and distress
  • Punitive damages: Usually, the fact that the driver was drunk or under the influence of alcohol or drugs may be an aggravating factor when seeking compensation for punitive damages.

 What if I was also liable for the drunk driving incident?

Sometimes, the victim of a drunk driving accident could also be held negligent themselves when they fail to wear a seatbelt. Nevada has comparative negligence laws that state that when a victim is more at fault than the defendant, then the plaintiff will not be able to recover any compensation from the defendant. For example, the victim will only be entitled to damages if the defendant was at least 50% at fault.

  What type of claims do drunk driving lawsuits fall under in Nevada?

Drunk driving lawsuits could be filed under a variety of several different legal claims. This depends on the circumstances of the accident. To determine what specific legal claim applies to your case, contact our attorneys today. The various different legal claims are:

  • Negligence: in order to prove negligence, the plaintiff needs to show that the defendant had a duty to the plaintiff to act in a reasonably safe manner, the defendant failed to act in a reasonably safe manner, because the defendant breached that duty the plaintiff was injured, and now the plaintiff has damages for their injuries.
  • Negligence per se: this is a legal claim used when the driver violates some type of traffic law. For example, since Nevada makes it unlawful for a driver to be under the influence, the violation automatically creates the presumption of negligence.
  • Wrongful death: this is a legal claim pursued if the victim of the drunk driving accident died. The decedent’s family could file a claim against the at fault party for damages such as funeral expenses, burial expenses, loss of consortium, loss of society, loss of companionship, excetera
  • Negligent entrustment: this occurs when a third-party entrusts the drunk driver with their vehicle.
  • Products liability claim: product liability holds the product manufacturers strictly liable for any defects found in the products. For example, if the drunk driver was unable to come to a stop because the brakes were faulty, or the victim’s airbags word effectively failed to deploy, the victim may have a claim against the product manufacturer.

Who can you sue if you were injured by a drunk driver in Nevada?

There are several different parties you could hold liable for a drunk driving incident. This depends on the circumstances of the accident. Examples of potential defendants in a drunk-driving accident in Nevada include:

  • The driver
  • The car manufacturer
  • The third party who provided the driver with a car

When can I file my lawsuit for a DUI accident in Nevada?

Each state has a specific time limit imposed as to when a plaintiff could file a claim for injuries they have sustained in an accident. In Nevada, you must file your claim for injuries in a DUOI accident within two years after the accident. To learn more about the statute of limitations that applies in your case, contact our attorneys today.

 What type of evidence will I need for a drunk driving accident claim in Nevada?

The best way to prove that the driver was drunk or high is by showing the police report. Usually, the police report that has been created by the Nevada Police Department will be used to prove that the driver was drunk. Other examples of evidence used to prove that the driver was drunk include:

  • Results from the defendant’s breath test
  • Eyewitnesses who saw the accident
  • The defendant’s confessions
  • Any surveillance footage of the defendant drinking alcohol prior to driving

 What are potential defenses in a DUI claim in Nevada?

It is very important that you hire an experienced Las Vegas drunk driving accident attorney to prepare for any future defense raised by the at fault party. This includes:

  • The breathalyzer was defective
  • The police officer was negligent in taking the breath test
  • The defendant was mentally incompetent rather than intoxicated
  • The defendant was not guilty of a drunk-driving charge in criminal court

What to Expect After a DUI Charge

Almost always, a DUI charge starts when officers pull you over while driving. They may ask if you’ve been drinking, or they might ask you to perform a field sobriety test.

They might even have you breathe into a breathalyzer device.

Either way, you end up in the back of a police cruiser. You’ll get taken to the station, fingerprinted, and booked. Then, you’ll get left in a jail cell until a judge sets your bail.

If you’re lucky, then you’ll be able to make bail within a few days. Otherwise, you’ll have to wait in jail until your court date.

The Consequences of a DUI in Las Vegas

Remember, you’re innocent until proven guilty in a court of law. That means you won’t face any legal consequences unless you get convicted.

A conviction can wreak havoc on your life, though. You could face the following penalties if convicted in Las Vegas:

  • Jail time (six months)
  • Fines up to $1,000
  • Probation period
  • A suspension of your driver’s license

The penalties above represent the consequences of a first-time DUI conviction. If you already have a DUI conviction on your record, then the penalties increase.

If it’s your first conviction, then you might have an opportunity to avoid these penalties. You could have the option of going through substance abuse treatment instead.

Should I Hire a DUI Lawyer?

Clearly, the consequences of a DUI conviction vary from person to person. One individual may end up incarcerated, while another gets sent to rehab.

Why do the legal outcomes differ despite having the exact same charge?

It’s all about presenting yourself the right way in court. That’s why the lawyer you hire makes such a huge impact on your case. A lawyer could mean the difference between jail or rehab.

Good lawyers know which defense strategies are successful. They’ll look for any signs of police misconduct or faulty breathalyzers.

Hire the Best Las Vegas Drunk Driving Attorney Now

It’s no secret that Las Vegas loves its alcohol. The state ranks the fourth-highest for alcohol consumption per person!

Despite that, getting a DUI in Las Vegas is intimidating. If you don’t know what to expect, then your stint in jail will be full of anxiety and fear. You also might feel like no one has your best interests at heart.

Are you ready to hire a drunk driving attorney to defend you and your injuries suffered in court? Our knowledgeable attorneys are ready to take on your case. Reach out to us on our online contact form now to get started.

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Heidari Law Group Las Vegas Practice Areas