Arizona Lawyer for DUIs with Serious Injuries

Arizona doesn’t technically have a law addressing DUI accidents resulting in serious injuries. However, that doesn’t mean that the state doesn’t prosecute these serious offenses. Indeed, Maricopa County prosecutors will aggressively pursue a conviction based on a DUI accident; however, they do so under the state’s aggravated assault statute, not under the state’s DUI laws.

If you face aggravated assault charges related to a DUI accident, it is imperative that you have an Arizona lawyer for DUIs with serious injuries. At the Law Office of James E. Novak, we have more than 25 years of hands-on experience defending the rights, freedoms and futures of clients facing serious DUI accident charges. Through aggressive advocacy and negotiation techniques, we’ve been able to secure favorable outcomes in countless cases, sparing our clients from lengthy jail sentences and many of the other consequences of an aggravated assault conviction.

Between the years of 2020 and 2021, there were more than 700 DUI fatalities in Arizona. Over this same period, there were approximately 2,200 DUI accidents resulting in serious injuries each year, putting Arizona in the top 10 for the deadliest states when it comes to DUI accidents. As a result, prosecutors have taken an incredibly harsh stance when it comes to any serious DUI accident—fatal or not.

If law enforcement believes that you are responsible for causing a DUI accident resulting in serious injuries to another person, chances are that you’ll be charged with a few separate crimes.

Anytime you are found to be under the influence of alcohol or drugs while operating a vehicle, you can be charged with DUI. Arizona has very strict DUI laws. The legal blood alcohol content (BAC) limit is 0.08% for standard drivers, 0.04% for commercial drivers, and any detectable amount for drivers under 21. The penalties for a DUI conviction vary but generally include a combination of incarceration, fines, a suspended driver’s license and the requirement you install an ignition interlock device on your vehicle.

If you cause an accident while driving under the and someone is seriously hurt as a result, you may be charged with aggravated assault under Arizona Revised Statutes § 13-1204(A)(2). Under this subsection, it is considered an aggravated assault to commit a simple assault using a “deadly weapon or dangerous instrument.” Arizona courts have previously held that a vehicle can be a “dangerous instrument.” Note that you could face aggravated assault charges regardless of whether the injured person was a pedestrian, another driver, or your own passenger.

Aggravated assault under A.R.S. 13-1204(A)(2) is a Class 3 felony unless the victim was a minor under the age of 15, in which the offense becomes a Class 2 felony.

Endangerment involves recklessly putting another person at substantial risk of imminent death or physical injury. In the context of a DUI accident, if the victim’s injuries are less severe, you might face endangerment charges, which can be classified as either a misdemeanor or a felony, depending on the circumstances.

Regardless of the specific crimes you’ve been charged with, a DUI accident with injuries is incredibly serious, and it is important you work with an attorney who has the skill, dedication, and knowledge you need to reach a favorable outcome.

If you were recently arrested and charged with aggravated assault related to a DUI accident, reach out to the Law Office of James E. Novak. At our Phoenix DUI defense firm, we take a comprehensive approach to every case we handle, reviewing every possible defense before developing a strong strategy designed to minimize the impact your recent arrest has on the rest of your life. To learn more about our firm and to speak with an Arizona lawyer for DUIs with serious injuries, call the Law Office of James E. Novak at 480-413-1499. You can also reach us through our secure online contact form.