If you were arrested and charged with DUI following a car crash in Tucson your case is more complex than a typical DUI ticket following the stop of your vehicle by a police officer for a civil infraction like speeding or failing to maintain your own lane, etc. The charges and severity of the consequences of the DUI arrest depends on the circumstances surrounding the accident. If you have had an accident and arrested for a DUI at the scene or after the fact, it is in your best interests to seek legal counsel and speak with a DUI defense attorney immediately who can help you through the entire process. The team of attorneys at the Rosenstein Law Group have decades of experience between them defending DUI charges with or without an accident. The Rosenstein Law Group will protect your rights and defend you skillfully within the criminal justice court system. Call today to schedule speak with a Tucson DUI defense attorney today at 480-248-7666.
In the circumstance where no-one was injured due to the accident the charges against you are likely misdemeanor charges and the exact charge depends on your blood alcohol concentration (BAC). A misdemeanor DUI conviction results in a driver license suspension for at least 90 days, fines and fees set by the legislature at a minimum of $1,480 for a “regular DUI” (BAC .08 – .149), at least 1 day in jail, installation of a Certified Ignition Interlock Device (CIID), and a class 1 misdemeanor criminal conviction on your record. Due to the accident, the legislative law passed in 2012 permitting early removal of the CIID will not apply to you, resulting in a full 1-year requirement to maintain the interlock on your car. Also, because there was an accident, there is most likely a “victim” other than the State of Arizona. Victims have demands and a voice to make their demands heard. The victim will be looking to be “made whole,” meaning they want monetary reimbursement for any damages to their property. Your attorney should be experienced and skilled at dealing with prosecutors and insurance companies that are looking to prosecute and collect from you.
A misdemeanor DUI as described above becomes a felony DUI if the victim is injured or dies as a result of the accident. Where the victim has been injured, if it is a serious physical injury, such as a bone fracture or temporary or permanent disfigurement, the prosecutor can file charges for aggravated assault with a deadly instrument (car). This charge is a class 3 or class 4 felony and carries with it a presumptive prison sentence between 6 and 7.5 years, loss of your driver’s license, and a permanent felony criminal conviction on your record. In the instance where a death has occurred due to the accident, and the driver is DUI, the prosecuting agency will file manslaughter charges. This charge is a class 2 felony and carries with it a presumptive prison term of 10.5 years, and a minimum prison sentence of 7 years if convicted. The fines associated with aggravated assault with a deadly weapon or manslaughter cannot exceed $150,000.00 per charge.
The Rosenstein Law Group was founded by Craig J. Rosenstein who is a Board-Certified DUI Defense Attorney by the National College for DUI Defense. RLG was founded in 2008 and has a team of experienced and skilled trial lawyers ready to investigate the charges against you and defend you in the Tucson City Court or the Pima County Superior Court. At the Rosenstein Law Group our attorneys can negotiate professionally with the State’s prosecutors, or aggressively attack the prosecutions allegations and evidence gathered against you, depending on the case and the situation.
Take the necessary action today to be informed about the charges pending against you. Time is critical, the sooner you are involved and informed, the better chance you have to resolve your case with options you desire. Call (480) 248-7666 today and speak with an experienced criminal defense attorney about the facts of your case and get your questions answered. You can also request a free initial consultation by visiting us online – we offer video or telephonic consultation too.