When it comes to Arizona DUI Pros, we’re dedicated to helping those accused of serious DUI-related offenses. Facing charges for causing injury in a DUI accident in Tucson is one of the most challenging legal battles. At Arizona DUI Pros, our experienced team is just a phone call away at (602) 922-3755. Whether you’re navigating ARS §28-1383 or struggling to understand the legal implications of aggravated DUI charges, we’re here to guide you.
In this blog, we’ll explore the consequences of injury in a DUI accident, Arizona’s relevant laws, and how these charges can escalate based on circumstances. We’ll also provide real-world insights through hypothetical scenarios and answer frequently asked questions.
Understanding the Legal Implications of Injury in a DUI Accident in Tucson
Under Arizona law, causing injury in a DUI accident is a severe crime. It often falls under Aggravated DUI (ARS §28-1383), which is a felony. When alcohol or drugs impair a driver, leading to an accident that causes physical harm, the penalties can be life-altering.
Penalties for Injury in a DUI Accident
- Class 4 Felony: If you cause injury in a DUI accident, the charge is typically a Class 4 felony. This includes a presumptive prison sentence of 2.5 years.
- Class 3 Felony: If the injury is severe or the driver has prior convictions, it can escalate to a Class 3 felony with penalties up to 8.75 years in prison.
- Other Consequences: Additional punishments may include license suspension, mandatory ignition interlock devices, and significant fines.
How Police Investigate Injury in a DUI Accident
When police investigate injury in a DUI accident cases, they follow specific protocols to determine the cause of the accident and whether alcohol or drugs played a role.
- Field Sobriety Tests: Officers may conduct field sobriety tests at the scene to assess impairment. These tests evaluate balance, coordination, and cognitive function.
- Chemical Testing: If impairment is suspected, the driver will be subjected to breath, blood, or urine tests to determine their BAC level. Arizona has an implied consent law under ARS §28-1321, meaning refusal to take these tests can lead to automatic license suspension.
- Accident Reconstruction: In cases of serious injury, police may involve accident reconstruction experts to analyze the scene and gather evidence like skid marks, vehicle damage, and witness statements.
- Witness Interviews: Statements from witnesses and victims are crucial to building a case. These can establish whether the driver was behaving recklessly or violating traffic laws.
Understanding how police gather evidence can help attorneys identify weaknesses in the prosecution’s case. For example, a poorly conducted field sobriety test or mishandling of blood samples could be grounds for challenging the charges.
Civil Liability and DUI Accidents
Aside from facing criminal charges, individuals accused of causing injury in a DUI accident may also face civil lawsuits. Victims can sue the at-fault driver for damages, including:
- Medical Expenses: This includes emergency room visits, surgeries, physical therapy, and long-term care.
- Lost Wages: If the victim is unable to work due to their injuries, they can seek compensation for lost income.
- Pain and Suffering: Victims can claim damages for emotional distress, physical pain, and diminished quality of life.
- Punitive Damages: In cases involving gross negligence, courts may impose additional punitive damages to deter future offenses.
For those facing civil and criminal consequences, Arizona DUI Pros can coordinate strategies to minimize the impact of these proceedings.
The Role of Victim Impact Statements
Victim impact statements can significantly influence sentencing in injury in a DUI accident cases. These statements, often presented during sentencing hearings, allow victims to describe how the accident has affected their lives.
Judges may take these statements into account when determining penalties, which can result in harsher sentences if the injuries are severe or the victim’s testimony is compelling. Defense attorneys can work to present mitigating evidence to balance the court’s perspective, emphasizing the defendant’s remorse, cooperation, and efforts to make amends.
Hypothetical Scenarios
Scenario 1: Distracted Driving and Injury in a DUI Accident
Imagine John, a Tucson resident, leaves a holiday party after having “just a couple of drinks.” Believing he is okay to drive, John gets behind the wheel. On his way home, he glances at his phone to reply to a message. In that brief moment, John fails to notice the car in front of him has stopped at a red light.
The collision is severe, leaving the other driver with a broken arm and whiplash. When police arrive, John exhibits signs of impairment. His blood alcohol content (BAC) measures 0.10%, above Arizona’s legal limit of 0.08%. Consequently, John is charged with causing injury in a DUI accident under ARS §28-1383, classified as an aggravated DUI.
As a Class 4 felony, this offense carries serious penalties, including mandatory jail time, significant fines, and suspension of John’s driver’s license. Additionally, John now faces potential civil liability for the other driver’s medical expenses and lost wages.
If John had planned for a safe ride home, he could have avoided this life-altering situation. Arizona DUI Pros often handles cases like John’s, helping clients navigate the complexities of charges involving injury in a DUI accident and advocating for fair outcomes in court.
Scenario 2: A Night Out Gone Wrong
Jane, a University of Arizona student, decides to drive home after a night out with friends in Tucson. She feels fine despite consuming several cocktails throughout the evening. While driving, Jane approaches a crosswalk but is unable to stop in time, hitting a pedestrian crossing the street.
The pedestrian, a local high school teacher, suffers a fractured leg and must undergo surgery. When officers arrive, they perform a field sobriety test, and Jane’s BAC is recorded at 0.12%. Jane is arrested and charged with causing injury in a DUI accident, a serious offense under ARS §28-1383.
In Jane’s case, the charge is elevated to a Class 3 felony because of the severity of the pedestrian’s injuries. This means Jane faces up to 8.75 years in prison if convicted, along with additional penalties such as license revocation and mandatory use of an ignition interlock device.
This scenario highlights how injury in a DUI accident can devastate lives, not only for the victims but also for the driver. At Arizona DUI Pros, our experienced attorneys can assess the evidence, identify weaknesses in the prosecution’s case, and work tirelessly to achieve the best possible outcome for individuals like Jane.
Relevant ARS Statutes
Arizona has specific laws addressing DUI-related offenses that result in injury:
- ARS §28-1383: This statute governs aggravated DUI offenses, including those involving injury or repeat offenses.
- ARS §13-1201: If the actions also rise to reckless endangerment, this charge may apply alongside DUI.
- ARS §13-1204: When severe injuries occur, charges could escalate to aggravated assault, which carries even harsher penalties.
FAQs About Injury in a DUI Accident
1. Can I avoid jail time if convicted of causing injury in a DUI accident?
While Arizona law imposes mandatory jail sentences for DUI-related injuries, legal representation can help reduce these penalties through plea agreements or mitigating evidence.2. What’s the difference between a Class 4 and Class 3 felony for DUI-related injury?
A Class 4 felony typically involves less severe injuries, while a Class 3 felony is charged when injuries are life-threatening or when the driver has prior convictions.3. Does causing injury in a DUI accident automatically lead to felony charges?
Yes, causing injury in a DUI accident typically results in felony charges under Arizona’s aggravated DUI statutes.4. Will my license be suspended if I’m convicted?
Yes, a DUI conviction with injury usually results in license suspension, along with mandatory use of an ignition interlock device upon reinstatement.5. How long does a felony DUI conviction stay on my record?
Felony convictions in Arizona remain on your record indefinitely, making it crucial to consult an experienced attorney for possible defense options.
Why Choose Arizona DUI Pros?
Facing charges for injury in a DUI accident is overwhelming, but you don’t have to face it alone. Arizona DUI Pros brings years of experience to defending clients in Tucson and throughout Arizona. From navigating ARS §28-1383 to securing reduced penalties, we’re here to fight for your future.
Call us today at (602) 922-3755 for a consultation and let us put our expertise to work for you.
