If you’ve been charged with a DUI with Injury in Goodyear, Arizona, your freedom and future are on the line. At AZ DUI Pros, our experienced legal team understands the complexity and severity of these cases. We’re committed to defending those accused of DUI-related crimes across Maricopa County, especially when injuries are involved. When you’re facing such life-altering accusations, don’t hesitate—call us at (602) 922-3755 for a free consultation.
🚨 What Is a DUI with Injury in Arizona?
A DUI with Injury occurs when an individual drives under the influence of alcohol or drugs and causes an accident that results in physical harm to another person. Arizona treats these cases very seriously—what could be a misdemeanor DUI becomes a Class 4 or Class 3 felony depending on the circumstances.
Under Arizona law, a DUI with Injury often falls under Aggravated DUI, particularly when the driver causes serious physical injury or disfigurement. This goes far beyond a typical DUI and can result in prison time, hefty fines, license suspension, and even restitution to the victim.
⚖️ Applicable Arizona Law: ARS § 28-1383
Arizona Revised Statutes § 28-1383 governs aggravated DUI offenses, including DUI with Injury. This statute states that a person commits Aggravated Driving or Actual Physical Control While Under the Influence if:
“The person causes serious physical injury to another person while in violation of section 28-1381, 28-1382, or this section.”
If you are charged under ARS § 28-1383(A)(1) for a DUI with Injury, the offense is elevated from a misdemeanor to a Class 4 felony. If the injury is deemed serious or life-threatening, it may be upgraded to a Class 3 felony.
🧾 Penalties for DUI with Injury in Goodyear
The consequences of a DUI with Injury in Goodyear can be devastating and life-altering:
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Mandatory Prison Time:
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Class 4 Felony: 1.5 to 3.75 years (presumptive 2.5 years)
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Class 3 Felony: 2.5 to 8.75 years (presumptive 3.5 years)
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Driver’s License Revocation
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Mandatory Ignition Interlock Device
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Victim Restitution
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Alcohol or Substance Abuse Classes
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Probation or Parole upon Release
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Permanent Felony Record
A conviction will likely affect employment, housing, gun rights, and immigration status. That’s why it’s crucial to contact AZ DUI Pros immediately at (602) 922-3755.
🛑 How Victim Statements and Restitution Affect DUI with Injury Cases
In any DUI with Injury case in Goodyear, victim impact plays a significant role in both the prosecutor’s charging decisions and sentencing outcomes. Arizona law provides victims with extensive rights under the Arizona Victims’ Bill of Rights (A.R.S. § 13-4401 et seq.), allowing them to submit impact statements that directly influence how harshly the court may sentence the defendant.
📣 Victim Impact Statements Can Increase Penalties
At sentencing, victims are allowed to provide a written or verbal statement describing how the DUI with Injury has affected their lives. This can include:
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Medical costs
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Lost wages
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Emotional trauma
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Long-term disabilities
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Pain and suffering
A powerful statement from a victim can sway the court to deny probation or increase the prison sentence within the felony range. If the injury was particularly severe or life-altering, prosecutors may push for enhanced sentencing.
💰 Restitution Is Mandatory in DUI with Injury Convictions
According to ARS § 13-603(C), anyone convicted of a DUI with Injury must pay restitution to the victim for out-of-pocket losses directly related to the incident. This may include:
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Hospital and ambulance bills
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Ongoing physical therapy
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Lost income
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Property damage (vehicle repairs)
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Psychological treatment costs
The restitution order is civilly enforceable and cannot be discharged in bankruptcy, meaning it follows the defendant long after the case is over.
🏛️ Victims Can Attend Hearings and Object to Plea Deals
In Goodyear DUI with Injury cases, victims are not only allowed to attend court hearings—they’re also empowered to object to plea bargains. While the final say still belongs to the court, judges often weigh victim objections heavily before accepting any proposed resolution.
⚖️ Legal Strategy Tip from AZ DUI Pros
Our attorneys at AZ DUI Pros often address victim concerns early in the process by negotiating civil settlements or diversion opportunities where possible. If the court sees proactive efforts to take responsibility or make restitution, it may reduce the severity of the sentence.
📘 Scenario 1: DUI with Injury After a Local Festival
Imagine a 29-year-old Goodyear resident named Carlos who attends a spring music festival. After drinking with friends, Carlos gets behind the wheel and heads home. On Estrella Parkway, he runs a red light and collides with another vehicle. The driver of the other car suffers a fractured leg and broken ribs.
Carlos is arrested and later charged with a DUI with Injury under ARS § 28-1383(A)(1). Because the injuries were classified as “serious physical injuries,” prosecutors pursue a Class 3 felony. His BAC tested at 0.16%, qualifying him for extreme DUI charges under ARS § 28-1382, compounding his legal troubles.
Carlos now faces a potential prison sentence of 3.5 years, plus restitution to the victim for medical expenses and lost wages. The DUI with Injury charge means that even a plea deal will result in a felony conviction on his record.
In this scenario, Carlos’s defense attorney from AZ DUI Pros works to challenge the BAC results, question the red-light camera calibration, and push for a plea to a lesser charge. If you find yourself in Carlos’s situation, call us at (602) 922-3755.
📗 Scenario 2: DUI with Injury Involving a Minor Passenger
Now consider Jessica, a 34-year-old mother living in Goodyear. After taking prescription sleep medication, she drives to pick up her child from daycare. Jessica accidentally rear-ends a stopped school bus, causing whiplash and a concussion to her 5-year-old daughter in the backseat.
Because the accident involved a minor under 15 and resulted in injury, Jessica is charged under ARS § 28-1383(A)(3). The court categorizes her offense as a Class 4 felony, which could escalate due to the child’s age and injury.
Jessica now faces:
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A minimum of 1.5 years in prison
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Felony child abuse charges
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Permanent license revocation
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Loss of custody rights during incarceration
Jessica’s defense team from AZ DUI Pros argues mitigating circumstances—no prior record, prescription medication use, and voluntary enrollment in treatment. Still, the DUI with Injury charge poses significant legal threats.
This is why DUI with Injury cases must be aggressively defended by skilled professionals. If you’re facing similar allegations, don’t wait. Call AZ DUI Pros at (602) 922-3755.
🧑⚖️ Probation vs. Prison: Sentencing Alternatives in DUI with Injury Cases
Not every DUI with Injury conviction results in a prison sentence. Depending on the severity of injury, the defendant’s criminal history, and aggravating vs. mitigating factors, Goodyear judges may have the discretion to issue probation instead of incarceration—especially in cases classified as Class 4 felonies.
🔄 When Is Probation Possible?
Under ARS § 13-902, probation is generally allowed for Class 4 felonies, unless certain aggravators exist. In a DUI with Injury case, probation might be considered if:
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The victim’s injuries were minor or temporary
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The defendant has no prior felonies
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The defendant voluntarily sought treatment or counseling
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A plea agreement is reached with the State
However, if the DUI with Injury is classified as a Class 3 felony due to “serious physical injury” or if the defendant has prior convictions, the court may mandatorily impose prison time.
📋 What Does DUI Probation Include?
When probation is granted in a DUI with Injury case, it often comes with strict terms, including:
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Jail time (up to 1 year as a condition of probation)
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Victim restitution
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Mandatory alcohol or drug treatment programs
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Ignition Interlock Device (IID) installation
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Monthly probation officer check-ins
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Random drug/alcohol testing
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Community service
Failing to comply with probation terms can lead to revocation and imprisonment.
⚖️ Is House Arrest an Option?
Yes, in some cases, a DUI with Injury defendant may qualify for home detention or electronic monitoring, especially if they:
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Are the primary caregiver of a dependent
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Have a stable residence and job
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Are medically fragile or elderly
AZ DUI Pros aggressively pursues these alternatives where available, particularly in first-time DUI with Injury cases that do not involve catastrophic harm.
🧠 Sentencing Mitigation Strategies
AZ DUI Pros presents character references, employment records, counseling reports, and community involvement to help clients qualify for non-prison alternatives. Our focus is on minimizing consequences while still addressing the court’s concerns.
❓ Frequently Asked Questions (FAQs)
1. Can I get a DUI with Injury charge dismissed in Arizona?
Dismissal is rare but not impossible. Success depends on legal errors, unreliable test results, or insufficient evidence proving injury was caused by impairment.
2. Does a DUI with Injury conviction affect my gun rights?
Yes. A felony conviction in Arizona will revoke your right to own or possess a firearm.
3. What if the injured person doesn’t want to press charges?
While the victim’s wishes are considered, the State of Arizona prosecutes criminal charges independently of the victim’s consent.
4. Can I be sued civilly as well?
Yes. In addition to criminal penalties, you may be held civilly liable for medical bills, pain and suffering, or other damages.
📜 Relevant Arizona Statutes
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ARS § 28-1383(A)(1): Aggravated DUI causing serious physical injury
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ARS § 28-1381: Standard DUI statute (impairment to the slightest degree)
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ARS § 28-1382: Extreme and Super Extreme DUI classifications
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ARS § 13-105(39): Defines “serious physical injury”
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ARS § 13-709: Felony sentencing guidelines
🏁 Conclusion: Facing a DUI with Injury in Goodyear? Contact AZ DUI Pros Today
Being arrested for a DUI with Injury is more than a criminal charge—it’s a life-changing event. From felony convictions to prison sentences and long-term consequences, these cases demand urgent and experienced legal intervention.
At AZ DUI Pros, we’re here to help you fight back. With years of experience handling DUI cases in Goodyear and across Arizona, we know how to challenge the evidence, negotiate reduced charges, or secure alternative sentencing options.
🛑 Don’t leave your future to chance. Call AZ DUI Pros now at (602) 922-3755 for a confidential case review.
