How does the drunk driver's criminal case in Las Vegas affect my injury claim?

Last updated October 7, 2026.

The criminal case and your injury claim are separate cases that move at the same time. The State prosecutes the driver, and you are not a party to that case, but a conviction is conclusive evidence of the facts needed for civil liability for your injury (NRS 41.133), and the sentencing judge can order restitution (NRS 176.033). Your own 2-year deadline to file an injury lawsuit keeps running while the criminal case is pending.

Many people wait for the criminal case to end before doing anything about their own claim. Knowing how the two cases connect helps you avoid that trap and use what the criminal case produces. This page is part of our guide to drunk driving accident claims in Las Vegas.

How does a DUI case move through the Las Vegas courts?

The path depends on how badly people were hurt. A DUI with no serious injury is usually a misdemeanor. A DUI that causes death or substantial bodily harm is a felony.

Arrest and testing. Police investigate the crash, test the driver's breath or blood, and write the report. Nevada's DUI law covers alcohol at 0.08 or more, impairment by alcohol or drugs, and listed prohibited substances (NRS 484C.110).
Misdemeanor cases stay in a lower court. A first or second DUI within 7 years with no serious injury is a misdemeanor (NRS 484C.400). Justice courts have jurisdiction of misdemeanors (NRS 4.370(3)), and some cities run municipal courts that hear DUI cases from inside city limits; Henderson's municipal court, for example, lists DUI cases among the misdemeanors it handles.
Felony cases start in justice court. When a DUI proximately causes death or substantial bodily harm, the charge is a category B felony (NRS 484C.430). The early stages, from the initial arrest through bail, probable cause and the preliminary hearing, are handled in justice court; Henderson Justice Court, for example, describes that role on its official page.
The case moves up to District Court. The Eighth Judicial District Court handles felonies and gross misdemeanors. The State of Nevada, represented by the Clark County District Attorney, brings the charges either by a grand jury indictment or by an "information" after a justice of the peace finds enough probable cause. The case is then randomly assigned to a judicial department.
Trial or plea. A person charged with a felony is entitled to a jury trial, and the prosecution must prove its case beyond a reasonable doubt to a unanimous jury of twelve. Felony DUI charges have a plea limit: the prosecutor may not dismiss the charge in exchange for a plea to a lesser charge unless the charge lacks probable cause or cannot be proved (NRS 484C.430(4)).
Sentencing. After a felony conviction, the State's parole and probation agency prepares a presentence report (NRS 176.135), which must include information on the effect of the offense on the victim, including physical or psychological harm and financial loss (NRS 176.145). Before the sentence, the judge must give the victim a chance to speak (NRS 176.015). A sentence for felony DUI causing death or substantial bodily harm may not be suspended, and probation may not be granted (NRS 484C.430(4)).
Restitution. If restitution is appropriate, the court sets an amount for each victim of the offense (NRS 176.033(3)).

Most felony cases in Clark County are heard at the Regional Justice Center at 200 Lewis Avenue, the same courthouse where many injury lawsuits are filed. Our page on what to expect at the Regional Justice Center describes the building and the civil side.

How do the two cases compare?

	Criminal DUI case	Your injury claim
Who brings it	The State of Nevada (in District Court, through the Clark County District Attorney)	You, or your family or estate after a death
Your role	Victim and witness; not a party (Nevada Constitution, Art. 1, Sec. 8A)	Plaintiff, the person making the claim
Who decides to settle or plead	The prosecutor and the defendant, with the court	You
What it can produce for you	A conviction, and a restitution order for each victim (NRS 176.033)	Compensatory damages, and punitive damages against an impaired driver (NRS 42.010)
Main deadline	Set by the court's calendar	Generally 2 years to file an injury lawsuit (NRS 11.190(4)(e))
How it is enforced	A restitution judgment is a lien and can be enforced like a civil money judgment; it does not expire until paid (NRS 176.275)	A civil judgment, plus insurance payments

The general idea of civil and criminal cases is covered in our post on civil versus criminal cases after an auto accident. The rest of this page is about how they affect each other in Nevada.

What changes the answer

A conviction. If the driver is convicted of the crime that caused your injury, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for that injury (NRS 41.133). In practice, a conviction can take fault off the table in the civil case and leave the fight about what your losses are worth.

No conviction. NRS 41.133 speaks only to a conviction. If the charge is reduced, dismissed or ends in an acquittal, the civil claim is decided on its own evidence: the crash report, test results, witnesses and your medical records.

The charge level. Whether the case is a misdemeanor under NRS 484C.400 or a felony under NRS 484C.430 changes the court, the timeline, whether a presentence report is prepared, and the penalties. For a felony causing substantial bodily harm, the penalty is 2 to 20 years in prison and a $2,000 to $5,000 fine; for a death, with no prior offense, 2 to 25 years and the same fine range (NRS 484C.430(2)).

Punitive damages. A driver who caused injury while violating NRS 484C.110, 484C.130 or 484C.430 after willfully drinking or using a substance can face punitive damages with no statutory cap (NRS 42.010). The criminal file often proves those facts. See punitive damages against a drunk driver in Nevada.

Restitution and its limits. Nevada's Constitution gives crime victims a right to full and timely restitution, and requires money collected from a person ordered to pay restitution to be applied first to the victim's restitution (Art. 1, Sec. 8A(1)(l), (p)). Collection still depends on what the driver has. A restitution order sits alongside the civil claim; it is not a substitute for insurance claims.

Your rights as a victim. Under the Nevada Constitution, a victim may, upon request, confer with the prosecuting agency, receive reasonable notice of public proceedings, be present, and be reasonably heard at any proceeding involving release or sentencing. A victim may also refuse an interview or deposition request unless under court order (Art. 1, Sec. 8A(1)(e) to (h)). Our page on speaking at the drunk driver's sentencing in Las Vegas explains the sentencing hearing in detail.

The calendar. A felony case can take many months from arrest to sentencing. The 2-year limit for an injury lawsuit (NRS 11.190) does not wait for it, so the civil claim often has to move forward before the criminal case ends.

For example: a felony DUI case and a civil claim side by side

Imagine a hypothetical warehouse worker named Marisol, hit on Charleston Boulevard by a driver whose blood test shows 0.15. She suffers a broken wrist and a back injury that needs surgery. Police arrest the driver, and the charge is felony DUI causing substantial bodily harm under NRS 484C.430.

The driver appears in justice court, bail is set, and after a preliminary hearing the case moves to District Court on an information. Marisol asks the prosecutor's office, in writing, to notify her of every hearing. Ten months after the crash, the driver pleads guilty. Marisol gives the presentence investigator her medical bills and lost wages, and she speaks at sentencing. The judge sentences the driver to prison and sets restitution for her out-of-pocket losses.

Meanwhile, Marisol's civil claim has been moving. She claimed against the driver's insurer within weeks and against her own underinsured motorist coverage when the driver's limit proved small. When the civil case is filed, about 16 months after the crash and well within the 2-year deadline, the judgment of conviction is conclusive evidence of the facts needed for liability (NRS 41.133). Her civil case also seeks punitive damages under NRS 42.010. All names, numbers and outcomes here are hypothetical.

Common mistakes while the criminal case is pending

Waiting for the verdict. The criminal case can outlast the civil deadline. NRS 11.190 gives you generally 2 years to file an injury lawsuit, criminal case or not.
Assuming the prosecutor is your attorney. The prosecutor represents the State. The Constitution's victim rights do not alter the prosecutor's powers or duties, and a victim is not a party (Art. 1, Sec. 8A(2)).
Not asking for notice. The prosecutor must give reasonable notice of the sentencing hearing to injured victims and to the families of people killed, and to any relative or victim who asks in writing (NRS 176.015(4)). Ask in writing so nothing is missed.
Telling different stories. What you tell police, the presentence investigator and the insurance adjuster should match. Inconsistencies in one case may be raised in the other.
Leaving out losses for restitution. Give the prosecutor and the presentence investigator your bills and wage records before sentencing, so the court has them when it sets restitution.
Counting on restitution alone. A restitution order is only as good as the driver's ability to pay. Your insurance claims should not wait for it.

What to do this week

Get the police report number, the arresting agency and the driver's full name.
Find out whether the charge is a misdemeanor or a felony, and which court has the case.
Contact the prosecutor's office and ask, in writing, to be notified of every hearing and the sentencing date.
Start a folder of medical bills, receipts and wage losses you can share for restitution.
Open your insurance claims now, against the driver's policy and your own.
Write the date two years from the crash on your calendar.
Read our post on what to do if you are hit by a drunk driver for the first practical steps.

Frequently asked questions

Does a guilty plea count the same as a conviction after trial?

NRS 41.133 applies when an offender "has been convicted of the crime which resulted in the injury." A guilty plea that ends in a judgment of conviction is a conviction. The judgment of conviction, not the way it was reached, is what the statute makes conclusive.

Can I have a say in a plea deal?

You can ask to confer with the prosecuting agency about the case and to be heard at proceedings involving release or sentencing (Nevada Constitution, Art. 1, Sec. 8A(1)(f), (h)). The decision on charges stays with the prosecutor, and felony DUI charges cannot be dismissed in exchange for a plea to a lesser charge unless they lack probable cause or cannot be proved (NRS 484C.430(4)).

Who prosecutes a felony DUI in Las Vegas?

The Eighth Judicial District Court states that the State of Nevada, represented by the Clark County District Attorney, brings criminal charges in District Court. Misdemeanor cases are handled in justice or municipal court by the prosecuting office for that court.

Will the restitution order pay for my pain and suffering?

The statute says only that the court sets an amount of restitution for each victim if restitution is appropriate (NRS 176.033(3)). Compensation for pain and suffering, and any punitive damages, are pursued through your civil claim. Our page on what to do when the drunk driver has only minimum insurance covers where that money can come from.

Can the Victims of Crime Program help before the criminal case ends?

The program requires that the crime be reported to police or another proper authority, not that the case be finished. Nevada law counts people physically injured or killed as a direct result of a DUI violation as victims (NRS 217.070). See how the Victims of Crime Program can help after a DUI crash.

Can I sue the bar that served the driver at the same time?

Usually not. Nevada law bars civil claims against anyone who served alcohol to a person 21 or older for the harm that person causes after drinking (NRS 41.1305). The narrow exceptions are explained in whether you can sue the bar or casino that served the drunk driver.

What if the driver dies before the criminal case ends?

Your civil claim survives the driver's death and may be brought against the driver's estate (NRS 41.100(1)). Punitive damages cannot be awarded against an executor or administrator (NRS 41.100(2)).

If a drunk driver hurt you or a family member in Las Vegas and the criminal case is underway, attorney Maysoun Fletcher can help you keep your injury claim on schedule. Call 702-333-6339 for a free consultation.