DUI With Injury in Arizona: What You Need To Know
If you have been booked with a DUI with injury in Arizona, you need to take a moment to learn what this means and the possible consequences. DUI with injury is not the same as a regular DUI. The consequences are more serious, and you must act quickly.
In this article, we're going to talk about everything you need to know concerning a DUI with injury in Arizona. This includes what it is, how it differs from a regular DUI, possible penalties, and how to prepare for your case. Let's get started.
What is a DUI?
You can get charged with a DUI any time you are driving, in control, or operating a vehicle while impaired by any alcohol or drugs. These substances can cause you to be incapable of driving or operating the vehicle safely.
If you are found impaired from a substance, whether it be legal or illegal, you can get charged with a DUI. When driving under the influence, you can wreck your car, injuring yourself and others in the process. The point of DUI laws is to try to keep you and everyone else safe.
How many drinks does it take to reach the legal limit?
How many drinks it takes to reach the goal limit will depend purely on you and your weight. People with more body mass can drink more alcohol than those without it. How the legal limit is tested is based on your blood alcohol content.
Within the United States, a blood alcohol content of over 0.08% makes a person legally impaired to operate a vehicle. For commercial drivers, the legal limit is lowers from 0.08% to 0.04%.
You will need to think about your weight and the alcohol percentage in the drink you are consuming. You can look online for BAC estimators to find out approximately how many drinks you can have before reaching the legal limit.
It is imperative to keep in mind that this is only an estimate and cannot accurately tell you the exact amount of drinks you can have. The best tip for avoiding a DUI is not to drink and drive.
Can I refuse a BAC test in Arizona?
It is wise to take a breathalyzer test in Arizona, even though you can technically refuse it. Arizona is what is called an Implied Consent State. This means that the fact you are operating a vehicle gave implied consent to test your blood alcohol content. Refusing to do so can result in your license being taken away for one year, even if you do not get a DUI.
What is a DUI with Injury?
A DUI with injury states that your driving under the influence caused another person to be injured in the process. This person could be a passenger or a victim. Within Arizona, this is considered a felony offense, and it is often called aggravated DUI. This is the most severe type of DUI in Arizona.
There are four types of Arizona DUIs in total, and the first three are dependent on the BAC levels at the crime scene. A BAC between 0.08% and 0.014% classifieds as a DUI. A BAC between 0.15% and 0.199% classifies as an extreme DUI. All BAC readings over 0.2% classify as an extreme DUI. The fourth type of Arizona DUI is felony DUI, which happens whenever someone has been injured.
Possible Penalties
Of the various types of DUI charges in Arizona, aggravated DUI is the most serious. It automatically classifies as a felony offense and can lead to a number of other consequences. You can be sent to prison, and your license will be revoked. In addition, you will have to perform community service and undergo some type of alcohol treatment or education.
Here's a complete list of potential penalties you may face for a DUI with injury:
- 5 to 18 years in prison
- $5,500+ in fines
- 3 year driver's license suspension
- Mandatory alcohol/drug counseling
- 5 year probation
- Points on driving record
- Community service
- Ignition Interlock Device (at your expense)
- Criminal record
In addition to penalties with the law, a DUI with injury can have a lot of consequences in your personal life as well. For example, having a felony will make it more difficult to get a job in the future and live the life you want.
The Process: What to Expect
The process for about every DUI is around the same. It begins with a traffic stop. This happens whenever you are driving recklessly, breaking driving laws, etc. When you get stopped, the officer may perform a field sobriety test or a breathalyzer test. You will become arrested. If there was an injury involved with the DUI, you would be arrested for a felony crime. The police officer will tell you your Miranda rights.
At any time after the arrest, you can get a DUI defense attorney. If you cannot afford one, one will be appointed. After the arrest, you will get booked and released. Booking involves being taken to the station, asked routine questions, lawfully searched, fingerprinted, and photographed.
Once you have been released, there will be post-arrest investigations that are used to decide if it should be filed as a felony aggravated DUI charge. They can go after the initial felony charge or bring it down to a misdemeanor.
Regardless of how you are charged, you will need to start appearing in court. For felony DUIs, you also have a preliminary hearing and arraignment. After that, the attorneys will have a pretrial conference to try to negotiate a good deal for the client. Finally, you will have a trial and MVD hearing, where your case will be heard, and you will learn of your sentencing.
Prepare for Your Case
If you've already been booked with DUI with injury, the next thing you should do is start preparing for your case. Because of how serious the consequences are for this charge, you need to act quickly and have the best team members by your side. Here are some things to do to prepare for your case:
Remember Your Miranda Rights
Your Miranda Rights refer to the Fifth Amendment that protects people against self-incriminating statements. This means it gives you the right to be quiet during the arrest and case. Miranda Rights will have four important points:
- You can remain silent.
- Everything you say can and will be used against you.
- You have the right to get an attorney.
- An attorney will be appointed to you if you cannot afford one.
These four points mean you do not have to answer any questions and can simply request an attorney.
Get An Injury DUI Lawyer
If you can afford it, it is important to get an experienced DUI attorney to fight your case. These attorneys know of the best cases and techniques for pleading the case down to a misdemeanor instead of a felony.
Final Thoughts
DUI with injury is serious in Arizona and will lead to a felony charge. Recognize that DUI with injury is different from a regular DUI, and it is much more serious. If you are taken in for a DUI with injury, remember your Miranda Rights and get an experienced attorney on your side. You don't need to procrastinate or try to defend yourself in a DUI with injury case. It's not worth it.