Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious offense in Arizona. When a person is charged with a DUI or DWI, especially when an accident is involved, the consequences can be severe. Arizona has strict laws regarding impaired driving, and these laws are enforced aggressively by law enforcement and the courts. If a person is involved in a DUI or DWI accident, they may face not only criminal charges but also civil lawsuits. This is where the role of an attorney becomes crucial. The attorney’s responsibility is to protect the rights of the accused, build a strong defense, and work to minimize the consequences of the charges. At, Smith & Green, Attorneys At Law, P.L.L.C, we are here to guide you through the legal process and help you navigate the complexities of your case.
Founding Partner Founding Partner
Quacy L. Smith
James M. Green
Understanding DUI/DWI Accident Charges in Arizona
In Arizona, DUI and DWI laws are designed to prevent impaired individuals from driving on the road. Driving under the influence of alcohol or drugs, including prescription medication, can impair a person’s ability to operate a vehicle safely. If an individual is caught driving with a blood alcohol concentration (BAC) of 0.08 percent or higher, they can be charged with a DUI. The legal limit is lower for commercial drivers and drivers under the age of 21.
When an accident occurs, the situation becomes even more complicated. A DUI or DWI accident often results in additional charges, such as reckless driving or vehicular manslaughter if someone is injured or killed. The severity of the penalties increases based on the outcome of the accident. This makes it critical for the accused to have a strong defense.
The Importance of Legal Representation
Facing DUI or DWI accident charges without the assistance of an attorney can lead to devastating outcomes. Arizona has some of the toughest DUI laws in the country, with penalties that can include hefty fines, long-term license suspension, mandatory alcohol education programs, and even jail time. An attorney plays a key role in navigating the legal process and ensuring that the accused’s rights are protected at every stage.
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An attorney will investigate the circumstances surrounding the arrest and the accident to determine if proper procedures were followed. They may look into whether the traffic stop was legal, whether the breathalyzer or field sobriety tests were administered correctly, and whether the results were accurate. Any violation of protocol could result in the charges being reduced or dismissed.
Building a Strong Defense
Defending against DUI/DWI accident charges requires a thorough understanding of Arizona’s laws and a strategic approach. A defense attorney will begin by reviewing all the evidence, including police reports, witness statements, and any video footage of the incident. They will also examine the results of any chemical tests, such as a breathalyzer or blood test, to determine if there are any inconsistencies or issues that could work in their client’s favor.
In some cases, the defense may argue that the driver was not actually impaired or that the impairment did not cause the accident. For example, if there was another factor that contributed to the crash, such as poor road conditions or another driver’s actions, the attorney could present this as part of the defense. The goal is to cast doubt on the prosecution’s case and show that the evidence is not strong enough to prove guilt beyond a reasonable doubt.
An attorney might also negotiate with the prosecutor to seek a plea deal. This could involve reducing the charges or penalties in exchange for a guilty plea. A plea deal may be in the client’s best interest if the evidence against them is strong, as it can help them avoid the harshest penalties.
DUI Penalties
DUI Costs
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Challenging the Evidence
One of the most critical aspects of defending against DUI/DWI accident charges is challenging the evidence. An experienced attorney will know how to identify weaknesses in the prosecution’s case and use them to their client’s advantage. For instance, the accuracy of breathalyzer tests can be affected by various factors, including the machine’s calibration, the timing of the test, and the individual’s medical condition. If the test was not conducted properly, the results may be unreliable.
Similarly, field sobriety tests, which are often used to determine whether a driver is impaired, can be influenced by factors such as the driver’s physical condition, weather conditions, and even nervousness. If the arresting officer did not follow the correct protocol when administering these tests, an attorney could challenge the results.
In addition, an attorney may question whether the traffic stop itself was legal. In Arizona, law enforcement officers must have reasonable suspicion to pull over a driver. If there was no valid reason for the stop, any evidence gathered during the stop, including the results of sobriety tests, could be thrown out.
The Impact of Prior DUI Convictions
If a driver has previous DUI convictions, the penalties for a DUI or DWI accident charge will likely be more severe. Arizona law imposes harsher penalties on repeat offenders, which can include longer jail sentences, larger fines, and extended license suspensions. A prior conviction can also influence the outcome of a civil lawsuit if the accident resulted in injuries or fatalities.
An attorney can help minimize the impact of prior convictions by working to get the current charges reduced or dismissed. They may argue that the prior convictions should not be considered in the current case or that the circumstances of the current incident are different enough to warrant a more lenient punishment.
Dealing with Civil Liability
In addition to criminal charges, a person involved in a DUI or DWI accident may also face civil liability if another person was injured or killed in the accident. The injured party or their family may file a lawsuit seeking compensation for medical expenses, lost wages, pain and suffering, and other damages. This can result in significant financial consequences for the accused.
An attorney will help navigate the civil lawsuit while defending against the criminal charges. In some cases, the outcome of the criminal case can impact the civil case. For example, if the criminal charges are dismissed, it may be more difficult for the injured party to win a civil lawsuit. Conversely, a conviction can strengthen the injured party’s case.
An attorney can work to settle the civil case out of court or defend their client at trial if necessary. They will also advise their client on how the criminal and civil cases may intersect and affect one another.
The Consequences of a DUI/DWI Conviction
The consequences of a DUI or DWI conviction in Arizona can be life-altering. Aside from the immediate penalties, such as fines and jail time, a conviction can lead to long-term consequences. A DUI conviction can result in a criminal record, which can make it difficult to find employment, obtain housing, or qualify for certain professional licenses. Additionally, the suspension or revocation of a driver’s license can make daily life challenging, especially for those who rely on driving for work or family responsibilities.
An attorney can help reduce the long-term impact of a DUI conviction by seeking alternatives to jail time, such as probation, community service, or enrollment in a treatment program. They can also work to expunge the conviction from their client’s record if the law allows it.
Why Hiring an Attorney is Crucial
Facing DUI or DWI accident charges in Arizona without legal representation is risky. The legal system is complex, and the consequences of a conviction can be severe. An attorney will provide the guidance and support needed to navigate the legal process and achieve the best possible outcome. They will protect their client’s rights, challenge the evidence, and negotiate with prosecutors to minimize the penalties.
Moreover, an attorney understands how to build a strong defense tailored to the unique circumstances of the case. They will use their knowledge of Arizona’s DUI laws to find weaknesses in the prosecution’s case and ensure that their client is treated fairly by the legal system.
If you are facing DUI or DWI accident charges in Arizona, it is important to have a strong legal advocate on your side. The team at Smith & Green, Attorneys At Law, P.L.L.C. is here to help. Our experienced attorneys will work tirelessly to protect your rights, challenge the evidence, and build a defense that is tailored to your case. Contact us today to discuss your situation and learn how we can assist you in defending against these serious charges.