Drunk Driving and Other Motor Vehicle Criminal Cases
Drinking and driving can also lead to many related crimes. There are also several vehicular crimes that may not involve alcohol. At Arentz Law Group PLLC, their Phoenix, Arizona drunk driving lawyers can help you no matter what the exact charges are. Their experienced drunk driving lawyers understand the relationship between the charges and your driver's license and can often prevent your driving privileges from being suspended or revoked. Contact a Phoenix, Arizona drunk driving lawyer to schedule a free consultation and discuss your case.
The following are other vehicular cases a Phoenix, Tucson area, Arizona drunk driving lawyer may handle:
- Vehicular Manslaughter 13-1103
- Negligent Homicide (Vehicular) 13-1102
- Second Degree Murder 13-1104
- Aggravated Assault - Dangerous (Vehicle) 13-1204
- Leaving the Scene of an Accident Involving Death or Serious Injury 28-661
- Leaving the Scene of an Accident with Injury that is not Serious 28-661(c)
- Unlawful Flight from Law Enforcement 28-622.01
- Duty to Give Information and Assistance 28-663
- Endangerment 13-1201
- Driving on a Suspended or Revoked License 28-3473(C)
- Driving on a Suspended License 28-3473(B)
- Reckless Driving 28-693
- Racing on Highways 28-708
- Excessive Speed 28-701.02
- Hit and Run 28-662
- Boating Under the Influence 5-395
Please click on any of the above crimes to obtain more information.
When a person recklessly causes the death of another, that individual may be charged with manslaughter. In Arizona, a person will be indicted for manslaughter if he/she is driving a vehicle and is suspected to be under the influence of alcohol or drugs and an accident occurs that results in someone's death. Some people feel they did not commit a crime because it was an "accident". Generally the State prosecutors do not believe an accident is a defense and will argue that the "accident" could have been avoided if the driver had not been under the influence. Manslaughter is a Class 3 felony with a minimum prison term of five years and a maximum aggravated term of eighteen years.
In Arizona, when a person negligently causes the death of another through the operation of a motor vehicle while under the influence of alcohol or drugs, that person may be indicted for negligent homicide. Negligent homicide is a Class 4 felony with a minimum prison term of four to ten years.
In serious cases, a DUI accident could lead to an indictment for second-degree murder. Second-degree murder carries a minimum prison sentence of ten years with a maximum of twenty years. In these cases, it is important to have an experienced attorney who has handled these types of cases in the past.
If your DUI leads to an accident you caused, and the result is serious injury to another person, you may be indicted for aggravated assault. Aggravated assault is a Class 3 felony that has a minimum mandatory prison term of five years. This prison term is required even if you have no prior DUI convictions or any prior criminal history. The maximum term is about eighteen years in prison. This is an extremely serious charge and defendants should seek the help of a Phoenix and Arizona drunk driving lawyer immediately.
According to Arizona law, the driver of a vehicle involved in an accident resulting in injury or death of a person shall immediately stop the vehicle at the scene or as close as possible and return to the scene, and remain at the scene until the driver has provided certain information to law enforcement as required in 28-663. A violation of this statute is a Class 4 felony unless the driver caused the accident; the violation is then a Class 3 felony.
A driver involved in this type of accident must remain at the scene until he/she has provided certain information to law enforcement. Failure to do so can result in the driver being charged with this offense, which is a Class 6 felony. Contact a Phoenix, Arizona drunk driving lawyer for help with your case.
This used to be called "Felony Flight" and occurs when a driver fails to pull over when a law enforcement vehicle is behind the drivers car and with the emergency lights on. This is a Class 5 felony. If an officer tries to pull a driver over and the driver begins a chase or high-speed chase, the likely result will be a felony criminal charge.
This statute requires the driver of a vehicle to give information and assistance to others after an accident. Many drivers are unaware of this requirement. If you are charged with this offense, please contact a Phoenix drunk driving lawyer for help.
The statute states that:
"A. The driver of a vehicle involved in an accident resulting in injury or death of a person or damage to a vehicle that is driven or attended by a person shall:
Give the driver's name and address and the registration number of the vehicle the driver is driving.
On request, exhibit the person's driver license to the person struck or the driver or occupants of, or person attending, the vehicle collided with.
Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.
B. A person who fails to comply with this section is guilty of a class 3 misdemeanor."
Please note that this can be a felony if death or serious injury occurs.
A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury. While this is not often the original charge in a DUI case, it could be added as a separate count or be part of a plea agreement a Phoenix, Tucson area, Arizona drunk driving lawyer negotiates with the State.
It is illegal for a driver to operate a vehicle while the drivers license or Arizona driving privileges are suspended, revoked, restricted, or if the license to drive was cancelled or refused. This is a Class 1 misdemeanor that can result in probation, a fine and up to six months in jail, and possibly an additional license suspension.
This is a more serious charge that occurs if the defendants license is suspended or revoked as the result of a DUI offense. In Phoenix, the Arentz Law Group PLLC has experienced defense attorneys that can help secure the minimum penalties. This offense has a minimum mandatory jail term of two days, which must be served as 48 hours consecutive with no work release. Again, probation, fine and up to six months in jail could be the maximum.
A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving. This is a Class 2 misdemeanor that could result in up to four months in jail. A Phoenix, Arizona drunk driving lawyer may be able to negotiate a plea for a less serious offense.
Any race or exhibition of speed or contest could lead to this serious charge. Racing is a Class 2 misdemeanor that could result in up to four months in jail and will add eight points on the driver's license.
This is a serious criminal charge that occurs only in the following speeding situations:
- Speeding over 85 mph
- Speeding over 20 mph over the posted limit in residential or business districts
- Speeding over 35 mph approaching school zones.
A conviction for excessive speed is a Class 3 misdemeanor and could result in up to thirty days in jail and three points against the driver's license. A lawyer may be able to persuade the prosecutor to offer you a lesser included charge that involves no jail or points against your license. Contact a Phoenix, Arizona drunk driving lawyer to discuss your excessive speed case.
This is known in Arizona as failure to stop after an accident involving damage to a vehicle. If you leave the scene, you may be guilty of a Class 3 misdemeanor and could fact up to thirty days in jail. Even if there is only damage to property, you must comply with 28-663 (Duty to Give Information and Assistance). Many people are unaware of this requirement and inadvertently leave the scene without providing the required information. Contact a criminal defense and drunk driving lawyer for help.
This is a drunk boating statute that mirrors the regular DUI statutes and penalties. A Phoenix, Arizona drunk driving lawyer may handle drunk boating cases and defenses.
DISCLAIMER: Arentz Law Group PLLC and Phillips Law Group, P.C. are separate, independent law firms from other firms listed on this website. Phillips Law Group, P.C. handles only contingency fee cases. This includes automobile and vehicle accidents and all personal injury cases. We also handle medical malpractice, product liability, employment, wage and hour cases, Social Security disability, and workers' compensation cases. Arentz Law Group PLLC handles criminal and DUI cases, as well as consumer bankruptcy and debt relief cases.