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Ordinarily, a driving under the influence (DUI) charge in Arizona, other than aggravated DUI, is a misdemeanor offense. This can change to a felony, however, if a DUI occurs in connection with an accident, particularly if injury or death results, leading to additional or enhanced charges.
In this blog post, we identify how Arizona DUI laws treat accident-related drunk driving, including how the legal process defines these offenses and their possible legal consequences for an intoxicated driver in a DUI-related accident.
If you have been charged with a drunk driving accident in connection with an accident and need legal services, please call Rosenstein Law Group at 480-248-7666 or contact our law firm online for a free consultation with one of our DUI lawyers.
The types of DUI charges a drunk driver may face following an accident depend on the circumstances surrounding the accident. Variations include:
In Arizona, a person can be charged with Endangerment for recklessly endangering another person with a substantial risk of imminent death or physical injury. It is not necessary for injury to occur.
The punishment for endangerment depends on how it is charged.
This range of potential penalties is for first-time offenders. The range of penalties increases for people with prior felony convictions.
A felony charge involving a car accident is also often charged as a “Dangerous” offense in Arizona because a vehicle is considered readily capable of causing death or serious physical injury. If you are convicted of a dangerous felony offense, then you may be sentenced to prison for a range of 1.5 to 3 years, without the possibility of probation.
A car accident can result in an Aggravated Assault charge if you cause a serious physical injury to someone in a DUI-related car accident. This is typically charged as a class 3 dangerous felony.
The amount of possible prison time for a felony charge stemming from a DUI involving an accident is dependent on many case specifics. This includes the type of charge, whether there is a “Dangerous” allegation, or whether the person has prior felony convictions. If you are convicted of aggravated assault, then you face a mandatory prison sentence ranging from 5 to 15 years, even if you are a first-time offender with no prior criminal history or traffic violations. Additionally, you may face a 3-year driver’s license revocation.
A DUI accident that causes injury is chargeable as a class 2, 3, and/or 4 felony. Depending on the severity of the injuries, the circumstances of the collision, the age of the victim, etc., this kind of injury-causing accident can be charged as aggravated assault or endangerment. (Note: While aggravated DUI under Arizona Revised Statutes (ARS) Section 28-1383 involves factors like driving on a suspended license, prior DUIs, or having a child in the vehicle, injuries from an accident typically lead to separate charges under Title 13, such as aggravated assault.)
If the personal injury is serious, then the charge may be aggravated assault under A.R.S. § 13-1204. This can be charged as a class 3 felony (or class 2 if enhanced, e.g., for dangerous nature or victim under 15), with a presumptive sentence of 7.5 years in prison for class 3 (or 10.5 years for class 2), plus possibilities of fines, license revocation, a mandatory ignition interlock device requirement, and probation.
In Arizona, a DUI accident that causes a death can result in charges including vehicular manslaughter, negligent homicide, or second-degree murder. The specific charge depends on the driver’s mental state and actions.
This is a class 2 felony. Vehicular manslaughter occurs when a person recklessly causes another’s death while driving under the influence and includes knowingly disregarding a substantial and unjustifiable risk to others.
The penalties for vehicular manslaughter include a minimum of 7 years, a presumptive sentence of 10.5 years, and a maximum of 21 years in prison, with sentences served consecutively to the DUI charge.
Negligent homicide can be charged when death occurs because of criminal negligence. It is a class 4 felony, with penalties ranging from 1 to 3.75 years in prison and fines up to $150,000, for “non-dangerous” negligent homicide offenses, and a prison term ranging from 4 to 8 years for “dangerous” negligent homicide offenses; which in the context of DUI is likely to be charged as a “dangerous” offense.
If a driver causing a death acts with extreme indifference to human life, including extreme DUI or having a blood alcohol concentration (BAC) of more than 0.15%, or reckless speeding, they could be charged with second-degree murder. A second-degree murder conviction carries a potential sentence of 10 to 25 years in prison (presumptive 16 years for first offense), or life in enhanced cases.
If you are involved in an alcohol-related accident involving property damage, injury, or death to another driver, you should immediately seek legal representation from an Arizona DUI defense attorney. When you face severe penalties for an accident-related DUI, there is no time to waste in preparing your defense—contact a DUI accident lawyer today.
Obtaining the legal services of an accident lawyer early on in your case will help protect your rights and ensure that your case is being handled properly. Our legal team at Rosenstein Law Group has years of experience in handling DUI cases, including DUIs involving accidents. We are a dedicated law firm offering free consultation services.
Our car accident lawyers handle all aspects of DUI criminal case defense. Our legal team investigates the facts of the accident scene, including reviewing the police report, consulting with expert witnesses in the fields of alcohol consumption and forensic toxicology, accident reconstruction, and medical care. One of our experienced accident defense lawyers will represent you throughout the criminal charge process, including negotiating with prosecutors early on before charges are filed to discuss your legal options.
An aggressive yet methodical approach to your DUI defense may lead to defenses based on a lack of impairment, a supervening and/or superseding cause of injury or death, or a violation of your constitutional rights. Contact the Rosenstein Law Group any time at 480-248-7666 or use our contact form to schedule a free consultation today.