Leaving an accident scene after being involved in an accident is a severe offense in Arizona. The law requires motorists to stop and provide help and personal details after an accident, at least until law enforcement officers clear them. It applies to all drivers, even if you are not responsible for the accident. This law is stricter on intoxicated drivers who flee the scene of accidents they have been involved in. Penalties for DUI Hit & Run in the state are grave and could include lengthy prison terms and hefty fines, among other severe consequences.

Therefore, if you face DUI Hit & Run charges in Phoenix, AZ, contact us at Phoenix DUI Lawyers. Our team of skilled and experienced DUI lawyers will help you navigate the legal system and vigorously defend you against those charges. We might help compel the court to drop or reduce your charges.

Overview of Arizona DUI Hit & Run Laws

Drunk driving is a significant problem in most states in the country today. Despite the numerous efforts the police and other organizations have put in creating awareness of the dangers of intoxicated driving, the state of Arizona is still recording high numbers of DUI cases every year. The most worrying trend is in the high number of auto accidents in which drunk driving has played a significant role. It explains why Arizona has severe penalties for motorists found guilty of driving under the influence, however minor the offense might seem. Even a simple DUI case is severely punished in the state.

Penalties for driving under the influence vary greatly in Arizona, based on the facts of the offense and the offender’s criminal history. For example, a first DUI offender in the state will not be as harshly punished as a repeat offender. A minor case of drunk driving will also attract more lenient penalties than a DUI case involving an accident and resulting in injuries or property damage.

DUI Hit & Run is listed among the most severe DUI cases in the state. The reason being that the offense involves two criminal crimes: drunk driving and hit & run. If you have been involved in an accident while intoxicated, you’ll be tempted to flee the accident scene even when you are not at fault. The police will be called to the accident scene, which means that they will find out that you were drunk driving sooner than later. This is the main reason why most drivers flee accident scenes.

However, fleeing an accident scene after an accident is a serious offense. Hit & run charges will still apply even if you are not responsible for causing the accident. If you are caught and arrested, the police will open charges for two serious criminal offenses against you: DUI and Hit & Run. You end up facing even more severe penalties than you could face if only you stopped at the scene of an accident.

If you already face charges for DUI Hit & Run, it will help to hire the services of an experienced DUI defense lawyer. An experienced attorney will know the right strategies to apply in your defense to have your charges dropped or reduced.

Driver Responsibility at the Scene of Accident

As mentioned above, DUI Hit & Run are severe charges that could attract severe penalties if you are found guilty. To understand how those charges come about, let us look at what the law expects of drivers at an accident scene.

A hit & run offense occurs when a motorist flees the accident scene after engaging in an accident. It could be that you hit another vehicle, another vehicle hit you, you hit a pedestrian or cyclist, or you lost control of the car and crashed on someone’s property. The accident in question does not count but the fact that you fled from the accident scene before the arrival of law enforcement officers.

Arizona laws are apparent on what motorists must do at an accident scene. Whatever happens while on the road, you must do the following:

Stop Immediately at the Scene

A slight movement from the accident spot is enough to tamper with the scene and make it hard for the police and other experts to determine what happened. The police are required to submit reports every time there’s an accident. They depend on their investigation and eyewitness accounts to develop a theory of what transpired at the accident scene. If the location is tampered with, the police may not get the report right. This could cause legal problems, particularly if another party was injured and would want to file a lawsuit in court for compensation.

Remember that all motorists involved must stop at the accident scene, even if you are not at fault.

Offer Assistance to the Injured

If the accident is severe, there are likely to be people who have sustained injuries. The law mandates motorists to not only stop but offer help before the police arrive at the scene. Check whether the other driver or passengers need help. If anyone is seriously injured, call an ambulance. You can also ask someone to call the police as you offer first aid to the wounded.

Provide Your Personal Details

Again, provide your name, address, vehicle registration number to all parties involved in the accident and the police. If anyone would like to contact you after that regarding the accident, they should find you. Also, take details of other drivers at the accident scene. If anyone was injured in the accident or some property was damaged, it makes matters easy when you have the contact information of those involved in the accident.

If you were at fault for the accident, provide contacts for your insurance provider too. The injured party might want to get in touch with your insurer for compensation.

Note that if the vehicle you were driving was not yours, provide details for the vehicle owner.

Show Your License If Required

One of the things the police must ensure once they arrive at the accident scene is that you and other motorists involved were operating vehicles legally in the state. Showing your driver’s license confirms that you have the privilege of operating a car in Arizona.

You are likely to face additional charges if you drive without a license or drive on an expired, suspended, or revoked license.

Call The Police

The law requires drivers who engage in accidents to call the police immediately. The police must be notified of the nature of the accident, injuries and fatalities, and other details that should be kept in record.

Again, if there will be a need to determine the cause of the accident and a liable party, the police will help unravel the case to determine what happened and what might have led to the accident. If the injured will need to file a lawsuit for compensation for their damages, a police report will offer reliable information for the civil court to determine the nature and amount of damages.

These rules apply to all kinds of accidents, whether minor or significant, regardless of who is involved. For example, hitting a utility pole or a dog by the road may not seem a significant accident to some motorists. However, it is an accident that has led to property damage. Thus, the motorist must report it immediately to avoid facing charges for hit & run.

Penalties for Arizona DUI Hit & Run

An Arizona DUI Hit & Run charge involves two serious offenses:

  • DUI
  • Hit and Run

It means that you are likely to face penalties for the two offenses if convicted in court because the prosecutor will charge you with the two offenses separately.

DUI Penalties

Like many other states, Arizona has very stringent laws against driving under the influence of drugs or alcohol. Section 28-1381 of the Arizona Revised Statute states that a person can face charges for DUI under the following conditions:

  • If it is established that their blood-alcohol concentration level was between 0.08% and 0.0149% at the time of the accident
  • If it was established that their BAC was between 0.05% and 0.08% at the time of the offense, they showed intoxication signs.

Note that you can still be charged with DUI in Arizona if your BAC level is less than 0.05%, but you exhibited signs of intoxication.

An extreme case of DUI in Arizona is one on which the defendant’s BAC is registered at between 0.149% and 0.0199, contravening Section 28-1382(A) of the state’s Revised Statutes.

A super-extreme DUI scenario is whereby a driver has a BAC level of over 0.20%, contravening Section 28-1382(D)(1) of the state’s Revised Statutes.

First-offense DUI cases are prosecuted as misdemeanors, carrying a maximum jail term of six months and a hefty fine. You are likely to receive additional penalties that could include:

  • Probation
  • Mandatory treatment in a counseling program or drug-rehabilitation facility
  • Mandatory requirement to install an IID in your car
  • Suspension of your driver’s license
  • Submission to random drug testing for a predetermined period

An extreme DUI case will attract even harsher penalties. If you face charges for multiple DUI offenses, you will likely be punished separately for these offenses.

Penalties for Arizona Hit & Run

Fleeing from an accident scene can be prosecuted as a felony or misdemeanor, based on whether there was an injury or fatality. If the accident resulted in an injury, the law would consider the seriousness of the damage to punish the offender. Here are possible penalties for Arizona hit & run charges, based on various circumstances:

  1. Accident Resulting in a Serious Injury or Fatality — A.R.S. 28-661(a) and (b)

As previously mentioned, a driver must stop if he/she was in an accident, whether severe or minor. A serious accident is likely to result in injuries or fatalities. Stopping ensures that those injured in the accident have received help before medical help arrives at the accident scene. Failing to stop at an accident scene where people have incurred serious injuries or lost their lives is a severe felony in Arizona, classified under Class 3. A Class 3 felony is punishable by a maximum of seven years in prison and fines of not more than $150,000.

If you caused the accident and failed to stop at a scene where people incurred severe injuries or lost their lives, you will face Class 2 felony charges. Sentencing for a Class 2 felony might include a minimum of four years and a maximum of ten years in prison, plus a fine of up to $150,000.

  1. Accidents Resulting in Not-So-Serious Injury — A.R.S. 28-661 (a) and (c)

If you face accusations for failing to stop at an accident scene where no fatalities and injuries incurred were not severe, you will face charges for a Class 5 felony. The punishment you are likely to receive for this includes nine months to two years of prison time and a maximum fine of $150,000.

  1. Accident Involving Vehicle Damages Only — A.R.S. 28-662

Failing to stop at an accident scene in which only your vehicle was damaged could attract a Class 2 misdemeanor charge. The law requires drivers whose vehicles are damaged in an accident to remain at the accident scene to avoid obstructing traffic. The police must be called to the scene to assess the damage and ensure that the accident has not been damaged more.

Class 2 misdemeanors are punishable by at least four months of imprisonment and a maximum fine of $2,500.

  1. Failing to provide Assistance and Information — A.R.S. 28-663(a) (1) (2) & (3)

As mentioned above, drivers are required by law to stop at accident scenes, offer assistance, and provide their personal information to other drivers and anyone else involved in the accident. Failing to do so could attract Class 6 felony charges, punishable by a minimum of six months and a maximum of 1.5 years in prison. You could also be required to pay a maximum fine of $150,000.

  1. Hitting an Unattended or Parked Vehicle — A.R.S. 28-664

If you accidentally hit an unattended or parked vehicle, the law requires you to stop, try to locate its owner, and offer your personal information. If that’s not possible, you are allowed to write and leave a note for the driver or owner, providing your name, address, and contact information. Failing to do this could attract Class 3 misdemeanor charges, punishable by 30 days of imprisonment and a maximum fine of $2500.

  1. Hitting Road Fixtures Such as Sign Posts and Poles — A.R.S. 28-664

If you accidentally hit a signpost, a utility pole, or any other road fixture or stationary object, the law requires you to locate its owner and explain to them what happened. You are also required to provide your name, address, contact information, and vehicle registration to the owner. If the owner requires you to provide your driver’s license, you must do so. Failing to comply with this could attract Class 3 misdemeanor charges. Penalties for this could include 30 days of imprisonment and a maximum fine of $2,500.

Possible Legal Defenses for Arizona DUI Hit & Run Charges

Penalties for DUI Hit & Run in Arizona are severe. The only way to avoid these life-changing consequences is to defend yourself against your charges. That will be possible if you have the help of an experienced DUI lawyer. An experienced lawyer will know the right strategies to use in your case to have your charges dropped or reduced. If reduced, you will receive less severe penalties. If dropped, the court will let you go with no further charges. Some of the strategies your lawyer can apply to help your situation include:

You Were Unaware of the Accident or Damage

Hit & run charges require the defendant to have deliberately fled from the accident scene to avoid the consequences of their actions. If that is not what happened, you may not be guilty of hit & run and could only face charges for DUI. It is not unusual to hit something on the road and not realize it. For instance, if you hit a stationary object, like a parked car, and do not realize it, you could be charged with hit & run.

You need the guidance and help of an experienced attorney to convince the court that you did not deliberately leave the accident scene.

However, if the amount of damage was significant, it might be a challenge convincing the court that you were unaware of the accident or damage. The court will expect that you at least heard or felt something when you accidentally caused the accident or when the accident occurred. An experienced attorney will know the right strategies to use in fighting your charges to at least have them dropped.

You Didn’t Cause the Accident

You might have been arrested because your vehicle was seen fleeing from an accident scene. Your attorney will use this defense to convince the court that someone else, and not you, was driving your vehicle at that instance.

If someone else caused the accident or was involved in an accident with your vehicle but did not stop as required, you are not responsible for their actions. The court will be compelled to drop your charges.

Most prosecutors’ challenge in cases like these is proving that the defendant was the actual driver when the offense was committed. The court will need sufficient proof that you were the driver in the accident and fled from the accident scene. If the prosecutor cannot prove that beyond a reasonable doubt, your attorney can take advantage of that to have your charges dropped.

If you were not anywhere near the accident scene at the time of the accident, your attorney could begin by proving your whereabouts to the court. You will not be convicted of hit & run as long as the court doubts your involvement in the accident.

There Wasn’t Property Damage

Fleeing from an accident scene is always viewed as an offender’s effort to avoid taking the blame for their involvement in an accident. As mentioned above, you are likely to face even more severe consequences if you are found to have been operating while intoxicated. However, a driver might be tempted to leave an accident scene before the police arrive if he/she believes that it was only their vehicle that was damaged in the accident.

If you hit a stationary object on the road that only wrecked your vehicle, you may feel no need to look for the owner of the object and offer your contact details. You must provide your personal information for the other party to have an easy time when the time to pursue compensation comes. But if it was only your vehicle that was damaged, you may have decided to drive on and take care of the repairs afterward.

This defense would be acceptable only if no one incurred damages in the accident. If there are no plaintiffs, the court might decide to drop your hit & run charges.

You Didn’t Leave the Accident Scene Willfully

You might have felt unsafe at the accident scene, and leaving the scene was the only way to remain safe. For instance, if the other drivers started acting aggressively towards you, you may be tempted to leave the scene to save yourself, especially if the police took a long time to arrive at the scene.

Again, you might have incurred severe injuries and rushed to seek medical treatment at the nearest healthcare center. If that is the case, the court might drop your hit & run charges.

Find Phoenix DUI Lawyers Near Me

If you face DUI Hit & Run charges in Phoenix, AZ, it helps to contact an experienced DUI lawyer. DUI lawyers understand the intricacies of the legal system better to guide you and plan a strong defense against your charges. At Phoenix DUI Lawyers, our team of experienced lawyers will be with you throughout the process to ensure that your rights are safe. Call us at 888-888-8888 and let us study the details of your case to advise on the best approach to a favorable outcome.