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In push for stricter DUI penalties, Clark County's top prosecutor wants to see change

Wolfson says the key to DUI changes is at Nevada's next legislative session which begins Feb. 3, 2025.
Posted at 7:08 PM, May 01, 2024
and last updated 2024-05-08 16:33:32-04

LAS VEGAS (KTNV) — Deadly DUI crashes are a regular occurrence in Clark County, and past efforts to create stricter laws around the crime have met roadblocks.

After talking with several community members who lost loved ones to drivers who were under the influence, we kept noticing the same theme. A lot of these people felt the punishment did not fit the crime.

This is a concern Clark County District Attorney Steve Wolfson says will be brought to Carson City and our state lawmakers in the upcoming legislative session.

As the county's top prosecutor, we asked Wolfson point-blank, "Do you think there are enough punishments for DUIs to deter somebody from committing this crime?"

Wolfson didn't hesitate before he said no.

"No, I think we need to increase the punishments. You know, I think the time is right," he said.

"We've had so many high-profile cases in the last few years of the carnage on the road, so I think now more than ever, I think and I hope that our legislature will be more receptive to listening and to consider the increase of the penalties."

Q&A with Clark County DA Steve Wolfson

At this point, you may be wondering: What are the current penalties for DUI cases here in Nevada? Here's the breakdown:

  • The first two DUI convictions are misdemeanors, which could land you 2-4 days of community service for the first conviction, all the way up to 180 days in jail for either, and a fine up to $1,000.
  • A third conviction is a possible six years in prison and a $5,000 fine.
  • Four or more convictions is up to 15 years in prison and a $5,000 fine.
  • If an intoxicated driver kills someone, they could be sentenced to 20 years in prison for each victim.

Laura Chapel lost her pregnant daughter in a DUI crash earlier this year. She says the punishment is not enough and believes drivers who kill deserve life in prison.

"My daughter was killed, and I feel like the punishment should match that loss and devastation," Chapel said.

Since a 2020 Nevada Supreme Court ruling, prosecutors can't charge defendants with murder in a DUI case. That leaves the only life sentence for DUI to cases of vehicular homicide. To face that charge, an intoxicated driver must have three prior DUI convictions and then hit and kill someone while under the influence.

"I don't think it's right to give drivers multiple chances to kill somebody before they're prosecuted for murder," Chapel said.

We also wanted to know what Wolfson thought about it. We asked the DA if he thinks there should be any forgiveness when it comes to DUIs.

Q&A with Clark County DA Steve Wolfson

"Listen, we're human beings and we make mistakes," he said. "Do I believe in second chances? Of course. But it depends on the facts and circumstance."

"If you're at a bar, and you're drinking alcohol, and you make a decision to drive and you kill somebody, you're going to go to prison. And that person deserves to go to prison."

Wolfson says he hopes next year's legislative session leads to substantial changes in vehicular homicide requirements and penalties for all levels of DUI. He hopes there's also an introduction of stricter laws.

Nevada's next legislative session will begin Feb. 3, 2025.