After prosecutors allege that the defendant caused substantial bodily harm they then have the burden at trial to prove beyond a reasonable doubt that the defendant did in fact cause substantial bodily harm while driving under the influence. The prosecutor usually relies on medical records and expert medical testimony in an effort to sway a judge or jury that the injuries warrant a sentencing enhancement. It’s essential to have a veteran attorney who has seen these tactics deployed in the past and can refute the evidence in your favor. Remember, all that’s needed is reasonable doubt for a charge of substantial bodily harm to lose it’s credibility.
Nevada judges and juries examine the evidence on a case-by-case basis to determine whether the injury in question falls under the legal definition of substantial bodily harm. Some factors they may take into consideration include:
How severe the injury is
The length of the injury
How much pain it causes
The amount of medical care it requires
How the injury was sustained