Can I speak at the drunk driver's sentencing in Las Vegas?

Last updated October 7, 2026.

Yes. Before a Nevada judge imposes a sentence, the court must give the victim a chance to appear in person, through an attorney or through a representative, and to reasonably express views about the crime, the driver, the impact on the victim and the need for restitution (NRS 176.015). That right covers people injured by the crash and the relatives of a person who was killed.

For many families, the sentencing hearing is the one moment in the criminal case where they are heard directly. This page explains how that works in Las Vegas, who gets notice, how to prepare, and how it connects to the money side of a drunk driving accident claim in Las Vegas.

How does a DUI sentencing hearing work in Las Vegas?

Felony DUI cases, those involving death or substantial bodily harm under NRS 484C.430, are sentenced in the Eighth Judicial District Court, mostly at the Regional Justice Center at 200 Lewis Avenue. Misdemeanor DUI cases are sentenced in justice court or a city municipal court. The Nevada Constitution gives victims, upon request, the right to be reasonably heard at sentencing in any court (Art. 1, Sec. 8A(1)(h)).

The driver is convicted. That can happen by a guilty plea or by a jury verdict. The District Court judge then sets a date for the sentencing hearing.
A presentence report is prepared. For a felony, the State's parole and probation agency investigates and reports to the court (NRS 176.135). The report must include information about the effect of the offense on the victim, including physical or psychological harm and financial loss, to the extent it is available from the victim or other sources (NRS 176.145).
You give the investigator your information. The Nevada Constitution gives victims the right to provide information about the impact of the offense, and any sentencing recommendations, to the person conducting a presentence investigation (Art. 1, Sec. 8A(1)(j)).
The prosecutor gives notice of the hearing. Reasonable notice must go to the person injured, the surviving spouse, parents or children of a person killed, and any other relative or victim who asks in writing (NRS 176.015(4)).
The defense speaks first. Before sentencing, the court lets defense counsel speak and asks the defendant whether he or she wants to make a statement and present information in mitigation (NRS 176.015(2)).
Then the victim speaks. After those statements and before the sentence, the court must give the victim the opportunity to appear and reasonably express views (NRS 176.015(3)).
The judge pronounces sentence. The Eighth Judicial District Court describes the judge as taking into account victim statements, the presentence report and Nevada statutes. If restitution is appropriate, the judge sets an amount for each victim (NRS 176.033(3)).

Our page on what to expect at the Regional Justice Center covers the courthouse itself. The local agencies are described in our guide to accident cases in the City of Las Vegas.

Who can speak, and who gets notice?

Person	Right to speak before sentencing	Notice of the hearing from the prosecutor
A person injured as a direct result of the crash	Yes (NRS 176.015(3), (5)(d))	Yes (NRS 176.015(4)(b))
Surviving spouse, parents or children of a person killed	Yes, as relatives of the victim	Yes (NRS 176.015(4)(c))
Other relatives: grandparents, stepparents, siblings, half siblings, grandchildren, stepchildren, adopted children, a spouse's parents	Yes, as relatives of the victim (NRS 176.015(5)(b), (d))	If they ask in writing (NRS 176.015(4)(d))
A victim who cannot or does not want to appear in person	May appear by counsel or by personal representative (NRS 176.015(3)(a))	Same as above

Personal information a victim or relative gives the prosecutor for this notice, such as an address, is confidential (NRS 176.015(4)).

What changes the answer

A felony or a misdemeanor. A presentence report is required for felonies unless both sides agree to waive it and the court approves (NRS 176.135(1)). That requirement is written for felonies. In a misdemeanor case, ask the prosecutor early about the sentencing date so you do not miss it.

Whether you asked for notice. The prosecutor's duty runs automatically to people injured and to the closest family of a person killed. Other relatives must ask in writing (NRS 176.015(4)). The Nevada Constitution also gives every victim, upon request, the right to reasonable notice of public proceedings and to be present (Art. 1, Sec. 8A(1)(g)). A defect in notice is not grounds for an appeal of the sentence (NRS 176.015(4)), so the safest course is to make your request in writing and keep a copy.

What you can talk about. NRS 176.015(3) lets you speak about the crime, the person responsible, the impact of the crime on you, and the need for restitution. The court may also consider any reliable and relevant evidence at sentencing (NRS 176.015(6)).

What the judge can do. 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)). The range is set by statute: 2 to 20 years for substantial bodily harm, and 2 to 25 years for a death when the driver has no prior offense, plus a $2,000 to $5,000 fine (NRS 484C.430(2)). The judge sets a minimum and maximum term within that range (NRS 176.033(2)). If the driver was transporting a child under 15, the court must consider that as an aggravating factor (NRS 484C.430(7)).

Restitution. Speaking about the need for restitution is part of the statute. Nevada's Constitution gives victims the right to full and timely restitution (Art. 1, Sec. 8A(1)(l)), and a restitution judgment can be enforced like a civil money judgment and does not expire until paid (NRS 176.275). Bring a clear list of your out-of-pocket costs.

After the sentence. Upon request, victims have the right to be told of the sentence, the place of incarceration, the scheduled release date and any release or escape, to be notified of parole, and to give information to the parole authority before parole is considered (Art. 1, Sec. 8A(1)(k), (n)). The parole authority must extend the right to be heard at a parole hearing to any person harmed by the offender (Art. 1, Sec. 8A(5)).

For example: a family speaks at sentencing

Imagine a hypothetical man named Hector, killed when an impaired driver crosses the center line on Lake Mead Boulevard. The driver pleads guilty to DUI causing death under NRS 484C.430. Hector's wife, his adult daughter and his brother all want to be heard.

The prosecutor sends notice of the sentencing date to Hector's wife and daughter, because they are the surviving spouse and child. His brother is a relative too, so he sends the prosecutor a written request for notice. The family gives the presentence investigator funeral receipts, Hector's pay records and a short description of what his loss has meant to them.

At the hearing, after the defense attorney and the driver speak, Hector's wife reads a statement. His daughter, who lives out of state, has the family's attorney read hers. The judge imposes a prison term within the statutory range and sets restitution for the funeral costs. The family's wrongful death claim after the fatal crash continues separately in civil court. All people and outcomes in this example are hypothetical.

Common mistakes before a sentencing hearing

Waiting for a letter that never comes. Siblings, grandparents and other relatives get notice only if they ask in writing (NRS 176.015(4)(d)). Injured victims should ask too, so the prosecutor has a current address.
Skipping the presentence investigator. The report goes to the judge before the hearing, and it is supposed to cover harm and financial loss to the victim (NRS 176.145). Give the investigator your information early.
Arriving without numbers. Restitution is set at sentencing (NRS 176.033(3)). Bring a written, itemized list of bills and losses.
Saying things that do not match your other statements. What you say in court should line up with what you told police and insurers, because your injury claim relies on the same facts.
Assuming the sentence settles your claim. Restitution and a prison term do not replace your civil claim, which can include punitive damages against the drunk driver.

What to do this week

Find the criminal case number and which court has the case.
Write to the prosecutor's office asking to be notified of every hearing, including sentencing. Keep a copy.
Ask other family members who want notice to send their own written requests.
Start an itemized list of bills, lost wages and other costs for restitution.
Draft a few notes about how the crash changed your life; you can shape them into a statement later.
Decide whether you will speak yourself or ask an attorney or representative to appear for you.
Read our post on civil versus criminal cases after an auto accident to see how the two tracks differ.

Frequently asked questions

Do I have to speak at the sentencing?

No. NRS 176.015 gives you the opportunity, not a duty. Some people speak, some send a representative or an attorney, and some prefer to give their information only to the presentence investigator.

Can I tell the judge what sentence I want?

The statute lets you express views about the crime, the person responsible, the impact on you and the need for restitution (NRS 176.015(3)). The Nevada Constitution also lets you give sentencing recommendations to the presentence investigator (Art. 1, Sec. 8A(1)(j)). The judge decides the sentence within the range the law sets.

Can I speak at a hearing on the driver's release or bail?

Upon request, a victim has the right to be reasonably heard at any public proceeding involving release or sentencing, and to have the victim's and family's safety considered in setting bail and release conditions (Nevada Constitution, Art. 1, Sec. 8A(1)(c), (h)).

Will what I say at sentencing affect my injury claim?

The sentencing hearing does not decide your civil claim. A conviction, though, is conclusive evidence of the facts needed for civil liability for your injury (NRS 41.133). Our page on how the criminal case affects your injury claim explains the connection.

What is a victim impact panel, and can I join one?

Nevada generally requires courts to order people convicted of DUI to attend a live meeting of a panel of people who have been injured, or had family or close friends injured or killed, by impaired drivers (NRS 484C.530). Panel members are people who have told the judges in their district they are willing to talk about the effect of these crimes. Ask the court or the prosecutor's office how to volunteer.

Where does the money for my bills come from while the case goes on?

Insurance claims, your own underinsured coverage, and Nevada's Victims of Crime Program can all help before sentencing. See how the Victims of Crime Program can help after a DUI crash.

Can the bar that served the driver be ordered to pay restitution?

No. Restitution is ordered against the person sentenced. As for a civil claim against a bar, Nevada law bars most of them; see whether you can sue the bar or casino that served the drunk driver.

If you are preparing for a drunk driver's sentencing in Las Vegas and want help with restitution and your own injury or wrongful death claim, attorney Maysoun Fletcher can talk it through with you. Call 702-333-6339 for a free consultation.