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DUI with Injury Attorney
Tempe AZ DUI and criminal defense attorney, James Novak, discusses implications of arrests involving an accident or injury. It includes an outline of the laws, penalties, consequences, and the importance of retaining an experienced and qualified criminal defense attorney.
In Arizona, if an impaired driver causes a serious injury to another person, or fatal accident, other criminal charges will be brought. This can include Aggravated Assault charges, and Felony DUI which are both serious offenses. Depending on the circumstances, seriousness, and nature of the incident other charges may be brought.
Even though non-aggravated impaired driving charges are a Class 1 Misdemeanor, they are still serious and expose the driver to jail terms, and other harsh penalties. All Felony charges expose a person to prison terms in Arizona. Aggravated Assault charges carry long term and sometimes life terms in prison.
Under Arizona law, a person may be arrested following an accident if the driver was under the influence of drugs, or alcohol. If the driver involved in the accident, is suspected to have been driving drunk, impaired to the slightest degree by alcohol, or under the influence of drugs; the police officer will generally conduct an investigation that includes a request for a breath or blood test to be administered.
In some cases the police have probable cause to believe that the motorist was driving impaired, or under the influence of drugs, but the driver is serious injured and needs to be transported by ambulance to a hospital. In this case, the police will request a DUI blood test to be taken at the hospital.
If a person is convicted of a first time offense, felony DUI resulting in injury to another, they will be exposed to minimums of 4 months, 1.5 to 2.5 years in prison for a Class 4 felony depending on the circumstances. If other aggravated factors surround the incident, this term may be raised to 3.75 years, large fines, victim restitution, and revocation of driver’s license for a year, installation of Ignition interlock Device for 2 years, substance abuse counseling and treatment, and other penalties.
Repetitive or dangerous impaired driving offenses involving serious injuries offenses call for longer prison terms, and much harsher penalties. Aggravated Assault Charges combined with impaired driving charges can raise the charges to a Class 3 or Class 2, especially if a fatality results from the collision, in which case, the person may face 12 to 15 years in prison. If found guilty, in addition to incarceration, a driver convicted of felony assault will be exposed to civil ligation for liability resulting from the accident by the victim or their family for serious injury or wrongful death.
If you face any type of impaired driving charges involving injuries, you should consult an experienced and qualified DUI defense lawyer, to discuss your defense options.
There may be defenses you are not aware of, that may apply to your charges including but not limited to violations of your constitutional rights, or police procedures; inaccurate test results; and other defenses. In many cases, this can lead to suppression of evidence, reduction of charges, mitigation of the sentencing, avoidance of harsh prison terms, and even a dismissal of charges.
There are many facets to the incident and arrest that must be investigated so that a solid defense can be tailored and presented on the defendant’s behalf. James Novak, Attorney at Law is a highly qualified DUI-DWI defense attorney. He is a former prosecutor, and with a vast amount of defense and litigation experience. If retained, he will be strong advocate, defend your charges, and protect your rights. The Law Office of James Novak, PLLC provides a free consultation for those who face active charges in Phoenix, Mesa, Tempe, Chandler, Gilbert, or Scottsdale AZ. If you or someone you know faces active charges in these cities in Maricopa County, call James Novak, Attorney at Law today for your free consultation at (480) 413-1499).