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Victims of DUI

Being involved in a car accident can change the lives of everyone involved. But it can be even more challenging when you and your loved ones are victims of DUI. When you are following the law and driving safely, yet is hit by a driver who got behind the wheel while intoxicated, it can feel very unfair—in addition to turning your life upside down.

If your family members become victims of DUI in Arizona, the driver may face DUI penalties. Of course, they must first be convicted of DUI. That may not always happen, especially if the driver’s attorney succeeds in getting the case thrown out of court. Also, the driver may not be convicted by a jury or judge if and when the case goes to trial.

The injury attorneys at Phoenix Accident and Injury Law Firm in Phoenix have significant experience in helping clients who have been victims of DUI accidents. If you need help filing a claim for one of these awful, life changing accidents, we are here to help you get the compensation you deserve. Our offices are conveniently located in ChandlerPeoria, and North Phoenix, and we can meet in-person or over the phone or video call.  You can contact us for a free consultation, or read on to find out more.

By the way, we will also help with other problems that have cost you sleep, like getting a rental car very soon and finding a nearby doctor or psychiatrist who can help get your life back on track. Even the best legal team isn’t good enough if your quality of life isn’t sustainable while justice and compensation are on the way. The whole point of legal action is to regain quality of life, so we help you long-term as attorneys and short-term as your go-to people. Our familiarity with the local Phoenix courts makes us confident that we can help you get the best settlement possible.

If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.

Driving Under the Influence

Drivers who get behind the wheel while affected by alcohol and drugs account for nearly 33% of all traffic deaths across the US. Many of these drivers are not first-time offenders either, which makes the crime that much more upsetting. Their innocent victims of DUI are the ones who are left to suffer because of these drivers’ poor choices. Fortunately, they don’t have to suffer in silence. Personal injury attorneys, including Phoenix Accident and Injury Law Firm, fights for these victims of DUI to ensure they are compensated for the selfish and reckless acts of DUI drivers.

According to Mothers Against Drunk Driving (MADD), a person is injured in a drunk-driving crash every two minutes. Plus, the average drunk driver is has driven drunk more than 80 times before their first arrest. This problem is pervasive and leaves in its wake a number of victims of DUI.

What Defines DUI in Arizona

Arizona law makes it unlawful for a person to “drive or be in actual physical control of a vehicle”…

  • while under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance, or any combination of liquor, drugs, or vapor-releasing substances if the person is impaired to the slightest degree.
  • if the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
  • while there is any drug (from a long list) or its metabolite in the person’s body.
  • if the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more.

DUI Penalties in Arizona

A person convicted of DUI for the first time…

  • shall be sentenced to serve not less than 10 consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
  • shall pay a fine of not less than $250.
  • may be ordered by a court to perform community restitution.
  • shall pay an additional assessment of $500 to the prison construction and operations fund.
  • shall pay an additional assessment of $500 to the public safety equipment fund.
  • shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device.

Suspended Sentences for First-time Offenders

A judge may suspend all but one day (24 hours) of the sentence if the driver completes a court-ordered alcohol or drug treatment, screening, or education program.

If the driver fails to complete the program, he or she may have to serve the rest of his or her suspended sentence.

Repeat Offenders

If a person is convicted of DUI for a second time within 84 months of the first conviction (or under certain other circumstances), the person…

  • shall be sentenced to serve not less than 90 days in jail, 30 days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.
  • shall pay a fine of not less than $500.
  • shall be ordered by a court to perform at least 30 hours of community restitution.
  • shall have his or her driving privilege revoked for one year.
  • shall pay an additional assessment of $1,250 to the prison construction and operations fund.
  • shall pay an additional assessment of $1,250 to the public safety equipment fund.

Suspended Sentences for Repeat Offenders

A judge may suspend all but 30 days of the jail sentence for a repeat offender if the driver completed a court-ordered alcohol or drug treatment, screening, or education program.

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