Schmidt, Sethi & Akmajian Blog

A DUI with Injury in Arizona

Posted by Dev Sethi | Apr 16, 2014 | 0 Comments

In Arizona there were 3,3533 DUI arrests in 2011, but when a drunk driver causes an injury or a death it can be one of the most devastating of all types of injury and death cases. It is hard to handle when an innocent person's life will be changed forever by another's irresponsible behavior. Although the penalties for a DUI are severe it cannot ever replace our loved ones or remove their injuries and the emotional scarring.

The Possible Penalties for a DUI with Injuries Driver in Arizona are:

• A permanent mark on criminal record

• Up to five year probation

• Over three years revocation of your drivers' license

• Up to 18 years in prison

• Installation of ignition interlock device into any vehicle you drive

• Fines of $5,500 or higher

• Driving record points

• Mandatory drug/alcohol screening and counseling

• Assessment fees

If a person is found driving under the influence of alcohol and/or drugs at the scene of an accident where there has been an injury to another person, they can be charged with a felony DUI with injury in the State of Arizona. This charge is also referred to as aggravated DUI and it is the most severe DUI charge you can get under Arizona law.

When an officer suspects that someone may be under the influence he will conduct a field sobriety test as well as a blood alcohol content test. The breathalyzer test measures the alcohol content in a person's breath. Alternatively, if the arresting officer has been trained in how to properly take blood samples a blood test often will be performed right there at the scene.

If the driver is convicted the measure of their BAC is considered in determining the severity of the penalties. Below is a description of the ranges of DUI's:

Normal range: 0.08% to 0.014%

Extreme: 0.015% to 0.199%

Super Extreme : Any amount over 0.20%

If you or a loved one are in a car accident that involves a fatality or substantial injuries, it is important that you contact an experienced attorney immediately to assure your right to full compensation is protected. Acting in a timely manner will allow your attorney a better opportunity to conduct a quick investigation, preserve the evidence and secure the best expert witnesses for your case.

If a driver causes injury or death while intoxicated he may be sued for negligence and punitive damages; damages designed to punish the wrongdoer and deter him and others from driving drunk., Many of these intoxicated drivers are uninsured or underinsured and do not have enough assets to pay the full value of a claim but there are also "over serve" laws that may help your lawyer obtain a proper recovery against the person or establishment that provided the alcohol to that drunk driver. Under Arizona law an establishment can be held liable if they serve alcoholic beverages to a person who is under the legal drinking age or is clearly intoxicated.

About the Author

Dev Sethi

Dev Sethi litigates and tries a wide-range of complex injury and death cases throughout Arizona. He has Martindale Hubbell's highest rating, AV, and he is listed in "Best Lawyers." Dev is also recognized as an Arizona Super Lawyer in the area of plaintiff's products liability litigation.Dev has been at the forefront of auto product defect litigation. He played a key role in uncovering the Goodyear Load Range E tire scandal and worked to hold Ford Motor Company responsible for the danger posed by their now notorious 15-passenger vans. Dev is currently representing families in product liability suits against the nation's largest corporations including General Motors, Ford, Pentair Pools and Invacare.

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