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Arizona DUI Injury Statistics

Unfortunately, Arizona has a high incidence of drunk driving. Between 2003 and 2012, 2,912 people were killed in crashes in Arizona where at least one driver was alcohol-impaired, according to the Centers for Disease Control and Prevention (CDC). Arizona’s rate of fatalities from drunk driving is higher than the national average, although fewer drivers in Arizona report driving after they have drunk too much than compared to the rest of the country. One in three traffic deaths in the United States is attributable to someone who was driving while impaired. Because of the high prevalence of driving under the influence, Arizona, like many states, is tough on drunk drivers.

Arizona DUI Laws

Arizona takes driving under the influence (DUI) offenses very seriously. A driver is guilty of a standard DUI if they drive while under the influence of alcohol or any drug. The blood alcohol content required for a DUI in Arizona is .08%. Minor drivers who are under the age of 21 are subject to a zero-tolerance policy, which means they are guilty of a DUI if they are driving with any amount of alcohol in their system. Penalties for a driver’s first DUI may include up to ten days in jail, a $250 fine, license suspension for up to a year, and a required driver interlock device. For each additional DUI offense, the penalties continue to increase.

Types of DUIs

There are several types of DUI offenses in Arizona, depending on the circumstances. Misdemeanor DUI offenses include:

• Underage Driving or Physical Control While Under the Influence
• Driving or Actual Physical Control While Under the Influence/Impaired to the Slightest Degree
• Driving Under the Influence/Over the Legal Limit
• Driving Under the Influence/Any Drug or Metabolite
• Driving Under the Influence/Driving a Commercial Motor Vehicle
• Driving or Actual Physical Control While Under the Influence/ BAC of .15 (Extreme DUI)
• Driving or Actual Physical Control While Under the Influence/ BAC of .20 or more (Super Extreme DUI)

More serious DUI offenses may be charged as a felony, including:

• Aggravated Driving or Actual Physical Control While Under the Influence/ DUI While Suspended for DUI
• Aggravated Driving or Actual Physical Control While Under the Influence/ Third or Subsequent DUI in 84 Months
• Aggravated Driving or Actual Physical Control While Under the Influence/ DUI With Person Under 15 Years of Age in Vehicle
• Aggravated Driving or Actual Physical Control While Under the Influence/ DUI In Violation of Interlock Requirement

The felony DUI offenses carry more severe penalties, including increased jail sentences. When someone is injured in a DUI-related crash, it will likely be charged as an aggravated felony DUI.

DUI with Injury

In Arizona, when a DUI causes an injury, the intoxicated driver can face an aggravated DUI charge. An aggravated DUI is classified as a felony. A DUI involving an injury can lead to five to 18 years in prison. However, if this was not your first felony, your sentence may increase with the number of allegeable prior felonies.

Other penalties that may come with an aggravated DUI include:

• Fines and fees
• Revocation or three-year suspension of your driver’s license
• Installation of ignition interlock device at your own expense
• Mandatory substance abuse training
• Probation
• Community service
• SR-22 auto insurance at your own expense

Vehicular Assault

Not only is a DUI with bodily injury considered a felony, but Arizona prosecutors may also charge DUI accidents as vehicular assault, or in the case of a death, vehicular manslaughter.

Although the crime of assault and aggravated assault are not specific to DUI’s, Arizona courts consider a reckless car accident that causes an injury to be an assault. The charge may be elevated to aggravated assault if any of the enumerated circumstances apply, including but not limited to:

• If the accident causes serious physical injury
• If the person uses a deadly weapon or dangerous instrument
• If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part
• If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age

To be convicted of aggravated assault, the prosecutor must prove that the driver:

• Intentionally, knowingly or recklessly causing any physical injury to another person; or
• Intentionally placing another person in reasonable apprehension of imminent physical injury; or
• Knowingly touching another person with the intent to injure, insult or provoke such person.

Though this is a high burden for the prosecutor to meet, the fact that the driver was driving under the influence is usually enough to prove that they recklessly caused physical injury to another person by disregarding the safety of others on the road. Aggravated DUI assault is can be classified as a class 3 dangerous felony. If convicted of aggravated vehicular assault, you can face a minimum of five years in prison.

Vehicular Manslaughter

If the victim in the DUI accident died, the driver could face vehicular manslaughter charges. A person is guilty of manslaughter in Arizona if they recklessly cause the death of another person. This recklessness standard requires the prosecutor to show that the driver was exhibiting an extreme indifference to human life. Again, driving under the influence usually rises to the level of recklessness, so if somebody is killed as a result of a DUI, the driver may be properly charged with manslaughter. Manslaughter is a class 2 dangerous felony that carries a minimum sentence of seven years in prison.

Consequences of a Felony Conviction

Having a felony conviction on your record can have serious consequences. Someone convicted of a felony in Arizona is ineligible to receive public benefits like food stamps, public housing, or workers’ compensation. It also precludes access to certain professional licenses and revokes several constitutional rights, like the right to vote or own a gun. A felony conviction may also hurt your family relations, such as in the case of a child custody dispute. Parents with certain DUI convictions will be presumed unfit and may lose custody. Finally, having a felony conviction on your record may be used to impose tougher penalties on you if you are ever charged with a felony again.

Discuss Your Case with a DUI Lawyer

When someone is injured in a DUI accident in Arizona, the driver can face severe penalties, including lengthy prison sentences. If you have been charged with a DUI involving an injury, speak to a DUI defense attorney right away. An attorney may be able to work with the prosecutor to reach the best possible plea bargain or identify constitutional and procedural issues with the prosecutor’s case. The best-case scenario is that your case is dismissed, but this is very difficult to achieve without an experienced Arizona criminal defense attorney by your side. Do not fight for your rights alone. Not only is the punishment for a DUI resulting in an injury severe, but the long-lasting consequences of a felony conviction in Arizona are harsh as well. Discuss your case with an attorney as soon as possible.