Nevada Revised Statute 484C.440 makes vehicular homicide a category A felony, punishable by either 25 years in prison or life in prison. There is the possibility of parole once 10 years have been served. And the court may not grant probation or a suspended sentence in lieu of prison.

The full text of the statute reads as follows:

NRS 484C.440. 1. A person who commits vehicular homicide pursuant to NRS 484C.130 is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

2. A person imprisoned pursuant to subsection 1 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

3. A prosecuting attorney shall not dismiss a charge of vehicular homicide in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

4. If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

Legal Analysis

NRS 484C.440 classifies the DUI offense vehicular homicide as a class A felony, the most serious class of crime in Nevada. The penalties include either:

• 25 years in prison with the possibility of parole after 10 years; or
• life in prison with the possibility of parole after 10 years.¹

When determining the sentence, the court will consider it an “aggravating factor” if the defendant had a child under 15 in the vehicle at the time. And the court may not grant probation or a suspended sentence to defendants sentenced to vehicular homicide. Defendants imprisoned for vehicular homicide are segregated from violent offenders if possible.²

Vehicular homicide is when a motorist causes a death while driving under the influence of alcohol or drugs, and the motorist has already been convicted of DUI three or more times. These DUIs can be from any state, and it does not matter how long ago they occurred.³

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