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Pima County, AZ DUI Accident Defense Attorneys
Skilled Drunk Driving Car Crash Defense Lawyers in Tucson
If you have been accused of causing a car accident while driving under the influence of drugs or alcohol (DUI), then you may face both criminal and civil liability. At the very least, prosecutors may charge you with a DUI. However, if the State has evidence that you had a high blood alcohol concentration (BAC), if you have prior drunk driving convictions, or if the accident led to significant property damage, or another person's injury or death, then the charges and potential penalties may be harsher.
You do not have to face these charges alone. For help defending yourself against DUI accident charges, contact the criminal defense lawyers of The Behan Law Group, P.L.L.C. at 520-220-5047.
Civil Liability for DUI Accidents
If you are accused of causing a car crash that hurt or killed another person (including passengers in your vehicle), then you can be sued. Victims of the accident may pursue personal injury claims, or their families may file wrongful death claims against you. If you have auto insurance, then your insurer may defend you against these civil claims and settle them. However, if you did not carry auto insurance at the time of the accident, or if the policy limit is too low, then you could be personally responsible for compensating victims of the crash.
DUI Accidents and Reckless Endangerment
If there is evidence you caused an accident while your BAC was at .08 percent or more or while you were under the influence of drugs, then you could face a charge of endangerment along with a DUI. You could be convicted of endangerment if there is evidence you recklessly endangered another person with a substantial risk of imminent death or injury, even if no one was actually hurt in the accident.
Endangerment is typically a Class 1 misdemeanor, punishable by up to six months in jail and a fine up to $2,500.00. However, if there is evidence you created a substantial risk of imminent death to another person, then the charge may be a Class 6 felony, punishable by up to two years in prison and a higher fine.
Felony Criminal Damage
In Arizona, a car accident that occurred while one of the drivers was impaired to the slightest degree can be charged as a Class 6 felony if the amount of property damage is greater than $1,000.00. Since most car accidents now have damage that totals in the tens of thousands of dollars, these charges are becoming more and more commonplace.
DUI Accidents Resulting in Injuries
Alcohol-related accidents often cause injuries, including lacerations, bruising, pain, whiplash, broken bones, and concussions. If prosecutors believe you were responsible for a DUI accident that caused another person harm, whether that person was inside your vehicle, in another car, or a pedestrian, then you may be charged with a felony DUI. If convicted, you will likely be sentenced to time in prison.
Defending Against DUI Accident Charges
Whether you are facing multiple misdemeanor charges or a felony criminal damage or DUI, there are ways to defend yourself. As your criminal defense attorneys, we may be able to:
- Challenge the results of a BAC test;
- Challenge the administration and grading of field sobriety tests;
- Ask for unlawfully obtained evidence to be suppressed; or
- Provide evidence of a violation of Miranda rights or other constitutional rights.
If another person was hurt during the accident, we will investigate the situation thoroughly. If there was a mitigating factor, such as the person not wearing their seat belt or riding a bike without any reflective gear or lights, then we will use this evidence to show that you were not the actual or total cause of their injuries.
DUI Accident FAQs
Answer: If you are accused of causing an accident while driving under the influence in Arizona, you could be charged with a misdemeanor or felony offense, with penalties depending on the severity of the crash and whether anyone was injured or killed. A DUI conviction will also result in an automatic license suspension, even if no one was injured.
Answer: The penalties for a DUI accident resulting in injury will depend on what charges the prosecutor decides to pursue. If you are charged with aggravated assault, you face Class 3 felony penalties, punishable by up to 8.75 years in prison if you do not have a prior felony record. If you are charged with endangerment, you could face Class 6 felony penalties, punishable by up to two years with no prior record.
Answer: Yes, prosecutors can pursue felony charges for DUI accidents in a variety of situations. Felony charges may apply if a DUI accident resulted in injuries or involved property damage worth more than $1,000. Even if an accident did not result in serious injuries or extensive property damage, a third DUI within seven years of the first offense can be prosecuted as a felony, and felony charges may also apply for a DUI with a passenger under 15 in the vehicle.
Answer: A DUI resulting in injury can result in felony charges of aggravated assault, and a conviction may be punishable by several years in prison. If a drunk driving accident allegedly resulted in death, the crime may be prosecuted as vehicular manslaughter, negligent homicide, or even second-degree murder.
Answer: Yes, it is highly advisable to seek legal representation after an accident in Arizona. In addition to the underlying DUI charge, you may also face charges of endangerment and felony criminal damage.
Answer: Fault may be determined by looking at the causes behind the accident and figuring out who was largely responsible. Police reports, video evidence, BAC test results, and witness statements can indicate who was at fault for the collision.
Answer: Yes, it is possible to get DUI accident charges reduced or dismissed. A skilled attorney may be able to argue that the driver was not at fault for the accident or dispute that the driver was intoxicated. A DUI attorney may also be able to highlight mitigating circumstances like a lack of prior convictions to negotiate for reduced penalties.
Answer: An aggravated DUI accident carries stricter penalties than a standard DUI in Arizona. Aggravated charges may apply when the incident involves certain factors that make the crime more serious, like driving on a suspended license or driving on the wrong side of the highway.
Answer: If you are convicted of DUI in Arizona, you may face several civil penalties. Your license will be suspended for a period of time by the Motor Vehicle Division, and you may be required to install an ignition interlock device to regain your driving privileges. You could also face a civil lawsuit by someone who was injured in the accident, and you may be required to pay compensation for their damages.
Answer: If you are found to be at fault for a DUI accident, any passengers or pedestrians injured by your conduct can pursue a lawsuit against you. In most cases, your insurer will assume responsibility for covering the damages.
Contact Our Graham County, Arizona Attorneys Today
If you were involved in an accident and the police are alleging you were impaired due to drugs or alcohol, then contact the DUI defense attorneys of The Behan Law Group, P.L.L.C. at 520-220-5047. From our Tucson, Arizona office we serve clients throughout Pima County, Cochise County, Graham County, Santa Cruz County, and Pinal County.
