Arizona has some of the strictest DUI laws in the country, and yet fatalities and injuries in alcohol-related crashes continue to be problematic. According to the Arizona Department of Transportation, 256 people killed and 2,969 people were injured in alcohol-related crashes in 2019. If you drink and drive in this state and are in an accident that injures someone, you face not only civil liability but enhanced criminal Driving Under the Influence penalties, including stricter fines, longer driver’s license revocations, and greater minimum jail terms.
Under Arizona Revised Statutes (A.R.S.) Section 28.1381, you may be convicted of Driving Under the Influence (DUI) if you drive:
Additionally, because Arizona has a zero-tolerance policy for underage drinkers who drive, if you are under age 21 and are caught driving with any detectable alcohol in your system, you may be charged with DUI.
If you are convicted of DUI under this statute and it is your first offense, you may face up to 10 days in jail, a $1250 fine, and community service. You may also be required to install an interlock device on every vehicle you drive and attend drug and alcohol assessments, education, and if warranted, treatment. If you are convicted of a subsequent DUI, you may have to serve at least 90 days in jail, pay a $3000 fine, and lose your license for a year, in addition to community service and alcohol education and treatment.
These penalties may increase if your BAC is .15 or higher at the time you are tested. In Arizona, this is known as an Extreme DUI under A.R.S. Section 28-1382. In that case, you may face a minimum of 30 days in jail, in addition to the other fines and penalties. If it is your second or more offense, a minimum of 120 days of incarceration, as well as a $3250 fine, may be imposed.
If the accident you cause while driving under the influence injures another person, you may be charged with an aggravated DUI. Under A.R.S. Section 28-1383, an aggravated DUI may be either a Class 4 or a Class 6 felony. A conviction under this statute carries severe penalties, including 2 years of incarceration which will be served within the Arizona Department of Corrections versus a county jail. Additionally, a Judge may order a one-year revocation of your driver’s license, interlock devices on all your vehicles, community service, and alcohol screening, education, and counseling.
Because an aggravated DUI is a felony, a conviction will also cause you to lose your right to possess firearms and to vote. It may also negatively affect your ability to get a job, housing, or any type of Arizona state assistance.
If the Arizona Prosecutor’s office determines that you used a car, classified under Arizona law as a dangerous instrument, to seriously injure someone and you did so intentionally, knowingly, or recklessly, as in the case of driving under the influence, you may be charged with vehicular aggravated assault under A.R.S. Section 13-1204(a).
If you are charged with vehicular aggravated assault and it is your first offense, you may be convicted of a Class 3 “dangerous” felony which carries a minimum prison sentence of 5 years, a maximum sentence of 15 years, and a fine of up to $100,000. If the injured party is a police officer or someone under age 15, it is a Class 2 felony which carries a minimum prison sentence of 7 years, a maximum sentence of 21 years, and a fine of up to $100,000.
Under A.R.S. Section 13-1103, recklessly causing the death of another person, which may include causing their death while you were driving under the influence, is a Class 2 felony in Arizona. This is a serious felony and is punishable by up to 10 ½ years in jail.
One of the factors often argued by the Arizona prosecutor’s office in these cases where ‘recklessness’ is a factor is that an extremely high blood alcohol level is direct evidence of your recklessness that led to the other person’s death. Additionally, even though you may not have intended to harm anyone, you may still be responsible because you chose to drive under the influence knowing of the increased risk of doing so.
If you are involved in an accident that causes injury, law enforcement will almost certainly want a chemical test to determine if you were driving under the influence. Arizona has an ‘implied consent’ law, which means that once you obtained your driver’s license, you agreed to submit to a blood test or breathalyzer if you are suspected of driving while impaired. Under this law, if you refuse a test, your license will be automatically suspended, and you may face fines and other penalties.
In the event law enforcement arrives on the scene of an accident and you are unconscious, medical personnel may draw your blood without your express consent. As stated, your BAC may be a factor in the determination of the nature and extent of any charges filed against you.
While it can prove difficult to dispute chemical testing results as they relate to your BAC, it is sometimes possible to find errors in the testing protocol, identify faulty equipment used to administer the test or analyze the results, determine contamination or mishandling of the blood taken from you, or raise doubt regarding the skills and certification of the testing operator. If your DUI charge was based in part on the results of your field sobriety test, you may be able to show that some other factor contributed to behaviors like slurred speech or incoordination, such as a medical condition or not having taken your mediations prior to driving.
There are some circumstances under which you may be able to prove that your drunk driving was not the direct cause of the accident. The actions of other drivers, weather conditions, and other factors beyond your control that may have played a part in the occurrence of the accident should be assessed when preparing a defense to a DUI charge.
Additionally, even though you may be suspected of driving under the influence, you still maintain certain Fourth Amendment rights under the Constitution, which include your right to be free of illegal search and seizures. Accordingly, if law enforcement conducts an illegal search of your vehicle or conducts an unlawful chemical test, your Fourth Amendment rights may come into play in your defense, allowing you or your attorney to ask a court to suppress any evidence against you that was obtained because of the illegal search.