Driving under the influence (DUI) is a serious offense in Arizona, with significant legal consequences for the driver, including jail time, monetary fines, and license suspension. Unfortunately, when it leads to an accident, it can be devastating for other road users, leaving victims with severe injuries requiring costly treatment.
If you or a loved one has been injured in a car accident involving an impaired driver, understanding Arizona’s DUI laws is essential. It will help you know your rights, how the law affects your personal injury claim, and what compensation you may be entitled to.
Understanding Arizona DUI Laws
Arizona has some of the strictest DUI laws in the country. Under A.R.S. 28-1381, it is illegal for a person to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more. The BAC should be less than 0.04% if driving a commercial vehicle. If you are under the age of 21, Arizona’s zero-tolerance law makes it illegal to drive with any detectable alcohol in your system.
Arizona law distinguishes between different levels of DUI severity:
- Standard DUI for BAC of 0.08% or higher
- Extreme DUI for a BAC of 0.15% or higher
- Super Extreme DUI for BAC of 0.20% or more
- Aggravated DUI for DUI committed with a suspended license, repeat offenses, or a child passenger in the vehicle.
If you are licensed to drive in Arizona, the state’s implied consent law requires you to consent to a chemical test if a police officer stops you on suspicion of a DUI offense. Otherwise, you risk a 12-month driving license suspension. Typically, the chemical test is to help determine your BAC or other drug-related content.
Penalties for a DUI conviction may include imprisonment, heavy fines, and mandatory installation of an ignition interlock device. Other penalties include license suspension or revocation, and participation in alcohol education programs. However, beyond the criminal consequences, a DUI offense can significantly impact the outcome of an accident claim.
DUI and Personal Injury Liability
Civil law considers DUI a form of negligence, with Arizona law classifying some DUI offenses as gross negligence. If a DUI driver causes an accident, the law typically presumes them to be at fault, making it easier for victims to prove liability.
With Arizona’s pure comparative negligence policy, an accident victim can still recover damages even if they were partially at fault. For instance, if you are found to be 20% at fault, your compensation will be reduced by that amount. However, in most DUI-related crashes, the impaired driver is often overwhelmingly or entirely at fault.
The court can award punitive damages in especially extreme cases, such as repeat offenses or very high BAC levels. The court awards these damages on top of other compensation to punish the drunk driver and deter similar behavior in the future.
How a DUI Affects Insurance and Compensation
An intoxicated driver’s insurance company may be more willing to settle when the DUI is documented, especially if criminal charges have been filed. However, this doesn’t mean they’ll offer a fair amount up front.
Unfortunately, the insurance company may try to minimize the severity of the driver’s impairment, shift some blame to the victim, or delay the claim to pressure you into a lower settlement. They may also deny coverage if the driver violated the terms of the policy.
Some of the damages you can recover in a DUI accident claim include emergency and long-term medical care, lost wages and reduced earning capacity, and pain and suffering. You can also get compensation for emotional distress, vehicle repair or replacement costs, and punitive damages in certain cases.
While damage recovery in a DUI accident claim can be complex, including insurers trying to deny you fair compensation, a skilled Arizona DUI attorney can help you.
What to Do If You’re Involved in an Accident with a DUI Driver
If you suspect the other driver is under the influence after an accident, take the following steps immediately:
- Seek medical attention. Even if injuries seem minor, medical records are critical to your case.
- Call 911 and wait for the police to arrive unless you need to leave the scene for medical reasons. The police will document the scene and conduct sobriety tests.
- Avoid confronting the driver as they may be impaired and unpredictable
- Collect evidence, including taking photos of the scene, any vehicle damage, road conditions, and any visible signs of intoxication
- Get witness information. Bystanders may have seen the driver behaving erratically
- Request a copy of the police report. It will likely note if the other driver was suspected of DUI.
- Contact a skilled Arizona DUI accident attorney. Legal guidance is key, as DUI cases can involve both civil and criminal proceedings.
How a DUI Lawyer Can Help
While DUI accident cases can be challenging, an experienced DUI attorney can help you navigate the legal complexities and recover damages. The Arizona DUI lawyers can help you collect and preserve key evidence, including police reports, bodycam footage, and toxicology results.
They can also help you get expert testimony, including working with medical and accident reconstruction experts. An experienced DUI attorney will also negotiate with insurance companies on your behalf, including demanding fair compensation. They will also represent you in court, if necessary.
Unlike typical car accidents, DUI cases have additional legal layers. A criminal conviction can support your civil claim, but even if the DUI charges are dropped, you can still pursue a personal injury lawsuit based on negligence.
Contact a Phoenix DUI Lawyer
A car accident can leave you with severe injuries, traumatized, and in financial distress. When the accident is due to a drunk driver’s negligence, it can feel even more unjust. Fortunately, Arizona entitles you to compensation, and the state’s strict DUI laws can be helpful. However, from proving negligence to dealing with insurance companies, damage recovery in DUI cases can be challenging.
If you are in Phoenix, AZ, and you or a loved one has been injured by a drunk driver, don’t worry. Our skilled and experienced DUI accident attorneys at the Karina Ordonez Law Office will protect your rights and help you get the compensation you need and deserve. Contact us today for a free consultation and to learn more about our services.