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DUI offenders often released without bail following state bail reform

Stop DUI Executive Director Sandy Heverly believes penalties need to be stricter.
DUI Victim Memorial Highway
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LAS VEGAS (KTNV) — Heading up to Mount Charleston on State Route 157 or Kyle Canyon Road, drivers may see the sign saying "DUI Victim Memorial Highway," honoring victims killed in driving under the influence crashes in southern Nevada.

It also serves as a public reminder of the deadly problem in the valley.

For this year, the Las Vegas Metropolitan Police Departments reported 10 DUI fatalities. In 2022, they made more than 5,000 DUI arrests.

Currently in the state, first and second offense DUIs are considered misdemeanors. A third offense within seven years or a DUI crash which caused substantial bodily harm is considered a felony.

Penalties for DUI could mean jail time, driver's license revocation, fines, DUI school or substance abuse treatment along with other things. Typically, a first or second time offender will get an "own recognizance," or release from jail, which means the offender can leave jail without posting bail.

Former Clark County District Attorney, David Roger, said a 2021 decision called Valdez-Jiminez, which codified bail reform into the Nevada State Legislature, made this more common.

"Before Valdez, people who had DUI typically had to post bail," said Roger. "It's a norm to now receive an OR for DUI."

Sandy Heverly, the executive director of Stop DUI, has been a longtime victims' advocate. She's been pushing for stricter laws but said more needs to be done.

"Right now, someone who causes a death while under the influence, the penalty is 2 to 20 years [in prison]," said Heverly. "What we've been looking at is changing the charge to second-degree murder. Because that's exactly what it is. Innocent people are being killed with a 4,000-pound weapon."

Heverly and her family were in a crash involving a DUI driver more than 30 years ago, but she said she still remembers the moments clearly.

"My children were left lying in the street. My mother was left to burn alive under the truck," said Heverly. "All of us were just splattered all over the roadway."

Heverly said at the time, the suspect was given a $100 fine and no jail time.

"At the time, victims had no rights at all except the right to remain silent," said Heverly. "DUI laws now mandate that you will be going to prison if you kill or [seriously] injure someone. You're also mandated to take a victim impact class for misdemeanor offenders."

She believes bail reform has contributed to an increase in DUIs in the valley.

"The ORs, in our opinion, dilutes the seriousness of the crime," said Heverly. "How serious does it have to be? Someone is dead. Someone's had their limbs severed. How severe does it have to be before you set a high bail?"

Metro Police Department has a DUI intervention program in place which target repeat offenders.

"Every month we pull the DUI second arrests in Metro's jurisdiction and we go out with a social worker," said Thiele. "We go out and we want to have a conversation with them. Nothing we talk to them about is used against them in the court of law. This is a voluntary program.

It began in 2021 and according to traffic officer Mike Thiele, has had a 80 percent success rate of people using services.

"In the course over the last year, we've found that there is struggles over losing a child, losing a family member, still struggling with losing people during COVID," said Thiele.