Duty to Give Information and Assistance: ARS 28-663 click for a free consultation

Posted on July 31, 2025 in Arizona Revised Statutes,Car Accident

Under Arizona Revised Statute (ARS) 28-663, after a vehicular accident, you have a duty to remain at the scene of the accident to exchange information with others involved in the accident, and, if injuries to another person are involved, to render reasonable assistance.

If you fail to do this, you may be charged with a class 6 felony or a class 1 misdemeanor, depending on the facts of the situation.

If you have been charged with a failure to give information and assistance under ARS 28-663, please call Rosenstein Law Group at (480) 248-7666 immediately or use our contact form.

What Does ARS 28-663 Require You to Do After an Accident?

The main provisions you need to be concerned about in ARS 28-663 are in subsections A, C, and D of that statute:

28-663. Duty to give information and assistance; autonomous vehicles; neighborhood occupantless electric vehicles; violation; classification; alcohol or other drug screening

A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall:

1. Give the driver’s name and address and the registration number of the vehicle the driver is driving.

2. On request, exhibit the person’s driver’s license to the person struck or the driver or occupants of or the person attending a vehicle collided with.

3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.

…

C. A person who fails to comply with subsection A, paragraph 1 or 2 of this section is guilty of a class 1 misdemeanor.

D. A person who fails to comply with subsection A, paragraph 3 of this section is guilty of a class 6 felony.  If the court finds by a preponderance of the evidence that the person’s use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.

ARS 28-663 applies to accidents involving injury or death to a person or damage to a vehicle being operated by another person. Note that vehicles include vehicles other than motor vehicles, including bicycles.

By its terms, the statute does not apply to:

• Accidents involving unoccupied vehicles. (However, this is addressed in ARS 28-664)
  
• Accidents in which no identifiable damage to another occurs, like a low-speed contact between two cars that results in no body or paint damage.
  
• Accidents in which no one is injured or killed. (Howeve,r this is addressed in ARS 28-662)

Duty to Exchange Information

If you are a driver in an accident, and the vehicle is occupied or attended, or either property damage to that vehicle or injury or death occurs to one or more of its occupants or to a pedestrian, then under the statute, you must provide:

• Your name
  
• Your address
  
• Your vehicle’s registration number, if it has one (if your vehicle was a bicycle, for example, you will not have a registration number)

You are not automatically obligated under 28-663(A) to show your driver’s license, but if another party to the accident asks to see it, you must show it to that person. (See 28-663(A)(2)).

You are not required to exchange car insurance information with the other party or parties to the accident, although you may do so if you wish. Be sure to ask for liability insurance information about the other driver’s insurance company and to contact the nearest law enforcement agency so an officer can come to the accident scene to make a report.

Duty to Render Reasonable Assistance

If the accident involves injuries, then in addition to the duty to exchange information, you have a duty to provide reasonable assistance to the injured parties. ARS 28-663(A)(3) identifies the kind of reasonable assistance as including making arrangements to carry injured parties to a physician, surgeon, or hospital for medical or surgical treatment.

You must provide reasonable assistance if it is apparent that it is needed, or if the injured person asks for it.

What is “apparent” is a judgment call on your part. The statute does not require you to act as an unofficial ambulance service, so if the other person’s injuries are not serious or life-threatening, it may be better to call for medical assistance. If you dial 911, then the operator will walk you through the appropriate steps to assist until first responders arrive.

If the other party’s injuries appear serious and you believe that it may take too long to wait for an ambulance to arrive, this could be an apparent circumstance to warrants your having to take the injured person to medical care on your own.

Penalties for Violation of ARS 28-663

If you fail to provide the information you are required to provide under ARS 28-663(A)(1), or to show your driver’s license if requested to do so under ARS 28-663(A)(2), this is a Class 1 misdemeanor under Arizona law.

If you do not provide reasonable assistance as required under ARS 28-663(A)(3), this is a Class 6 felony.

The table below sets forth the penalties you may face if you are convicted of either of these offenses.

Penalty	Class 1 Misdemeanor	Class 6 Felony
Jail or prison time(first offense)	Up to six months in jail.	Four months to two years in prison.
Fines and surcharges	Up to $2,500 in fines, plus additional surcharges.	Up to $150,000 in fines.
Other penalties	Up to three years of probation.Possible community service requirement.Possible medical expenses restitution requirement for physical injuries and personal property damage.	If the accident involved the use of alcohol or drugs on the part of the driver whose vehicle caused injury, then the court must order that person to complete alcohol or drug screening as part of the sentence.May be reduced to a Class 1 misdemeanor by the court.

Relationship of ARS 28-663 to Other Arizona Hit-and-Run Statutes

Other Arizona statutes govern a driver’s duties after an accident. These statutes include your responsibilities to provide information and reasonable assistance under ARS 28-663:

• ARS 28-661 accidents involving death or injury.
  
• ARS 28-662 accidents involving only vehicle damage.

Have You Been Charged With ARS 28-663 for Failing to Give Information or Assistance?

The Rosenstein Law Group has lawyers who are highly experienced in all kinds of Arizona car accidents, including hit-and-run charges and DUI defense. We explore every angle of your case, including revisiting any prior convictions and exploring contributory negligence of another at-fault party, to find an opening to challenge the evidence and the charges against you.

We negotiate with Arizona prosecutors to plead to a lesser offense, which could reduce a Class 6 felony charge to a Class 1 misdemeanor in cases where you are accused of not rendering aid and assistance to injured victims.

We will take your case to trial if the matter cannot be resolved in the pretrial phase, if necessary.The potential consequences of a hit-and-run charge are too serious to simply plead guilty. Call our law firm at 480-248-7666 immediately or contact us online to get premium, aggressive representation.