Contact our Phoenix, Arizona car accident and DUI attorneys if you or a loved one has been involved in a crash.

Phoenix, Arizona Car Accident Information – Presented by a DUI Accident Attorney

Vehicular crimes in Arizona are split into two groups, which at times overlap as lesser-included offenses. The first group is comprised of car accidents that do not involve alcohol, but are crimes due to resulting injuries, death, or violation of other statutes not related to alcohol consumption. These can result in serious crimes that require an attorney, such as vehicular manslaughter, vehicular assault, driving without a license or on a suspended/revoked license, traffic violations, speeding, and leaving the scene of an accident. The second group includes car accidents that involve alcohol or drugs. Again, theses are crimes that require an attorney to avoid jail time and significant loss of civil liberties. These are DUI and DUI-related crimes, including operation of a car, boat, or plane while under the influence of drugs or alcohol. For those who have commercial driver licenses (CDL), the ramifications can lead to the loss of your CDL when you have been found guilty of a DUI while driving your family vehicle. A capable and experienced Phoenix, Arizona car accident and DUI attorney can help you understand the consequences of a possible conviction, which can range from fines to serious jail/prison time.

Alcohol-related Accident Cases

In the late 1970s the United States Department of Transportation, National Highway Transportation Safety Administration (NHTSA), funded research to evaluate the currently used physical coordination tests. These tests were used in determining the relationship between driving impairment and intoxication. The result was a more sensitive test, one that would provide more reliable evidence of impairment and standardization. The result was the three-test battery, which included the horizontal gaze nystagmus (HGN), the walk and turn, and the one-leg stand. Retaining an Arizona DUI attorney who is knowledgeable in these facts and who can aggressively defend your case may be your best choice. Many of our attorneys are former prosecutors who bring the experience and knowledge necessary to aggressively fight for you.

Driving and drinking can lead to many related crimes. The seriousness of being charged with such crimes can lead to other problems greater than merely losing your driving privileges. An aggressive and experienced Arizona DUI defense attorney or vehicular homicide attorney will explain to you what you will need to do to defend against these charges. Loss of job, home, vehicle, and family can result from violations of these crimes, in addition to the fines, insurance increases, probation, jail or prison time that you may incur. The seriousness of the charges may become apparent once it is too late to remedy the situation.

Upon your arrest for a DUI offense in Arizona, the police are required by law to immediately forward a copy to you (and to your attorney if you have enlisted one) of the completed notice of suspension or revocation form and any driver license taken into their possession, along with a sworn report to the Department of Motor Vehicles (DMV). You will be given a temporary license that is valid for 15 days from the time of your DUI arrest. Your immediate action is necessary in order to prevent the suspension of your Arizona driving privileges. You must contact the DMV within 15 days of the date of service of your Admin Per Se; otherwise, your driving license will be suspended upon the expiration of your 15-day temporary license. The DMV Administrative Hearing is a hearing at which you have an opportunity to show that a suspension or revocation of your driving privileges was not justified. At this hearing, our office will present testimony and or relevant evidence on your behalf. If the DMV review shows that there is no basis for the suspension or revocation, the action can be set aside and your driving privileges reinstated. You need to act in a timely manner in obtaining an aggressive and experienced Arizona DUI attorney to defend you in these matters. We understand the particular aspects associated with this type of matter, and how this can be a jarring introduction into the legal system. Let our experienced staff explain the options available and assist you in a proper defense as soon as possible.

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New changes in Arizona DUI Laws will take effect this month

Recently the Governor of the State of Arizona, Janet Napolitano, signed two bills into law. Ninety days after the close of sessions this year, these new changes will come into effect and will affect all individuals convicted of Driving Under the Influence.

Under Senate Bill 1252, by statute, judges would have their discretion to suspend a portion of the jail time imposed by law taken away, for first offense conviction of an Extreme Driving Under the Influence (ExtDUI) violation. This would mean that anyone convicted of an ExtDUI (Blood Alcohol Concentration (BAC) of 0.15 or greater), would be jailed for the full 30 consecutive days as required by statute and not have all but 10 days suspended- as has been the case in numerous previous instances.

In addition, the Senate Bill would allow the judge to order the person, convicted of a first ExtDUI offense, to not consume alcohol for a period of 30 days or more, as would be demonstrated through continuous alcohol monitoring or twice daily alcohol testing of the individual. On a second conviction, within 7 years, of an ExtDUI, the court may order this depravation period to be 90 days, with the same monitoring provisions in effect. In both instances, the judge may extend the period of continuous alcohol monitoring. There is no specific wording within the statute as to how long the judge may extend this penalty.

Under Senate Bill 1029, there are new penalties for Driving with an Alcohol Concentration of 0.20 percent or greater, in addition to the requirement of the installation of an Ignition Interlock Device for any person convicted of Driving Under the Influence.

Senate Bill 1029 now requires a person convicted of Driving with a BAC of 0.20 or greater, on a first offense, to serve not less than 45 consecutive days in jail and pay a fine of not less than $500.

On a second offense, within 7 years, the convicted person would serve not less than 180 days in jail, with 90 days to be served consecutively, as well as pay a fine not less than $1000.

Additional mandate is the installation of a Certified Ignition Interlock Device for a minimum of 18 months, if the person is found guilty of Driving with a BAC of 0.20 percent or greater. This period is increased to 24 months if the person is found guilty of a second offense DUI. The Senate Bill also mandates the installation of a Certified Ignition Interlock Device for 12 months if a person is found guilty of driving with a BAC of 0.08 or higher.

Finally, the Senate Bill states that a person is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.

These two bills coming in such close proximity to each other, express the State’s commitment to making anyone convicted of driving under the influence pay the most for their crime. All these changes are anticipated to come into effect mid-September 2007.

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Non-alcohol-related Accident Cases

Traffic fatalities are always tragic, regardless of the circumstances. The trauma becomes two-fold when one of the drivers is charged with a violation of a criminal statute and faces potential jail time. An experienced Phoenix, Arizona car accident attorney will first try to help you understand the elements of the crimes you are charged with. Through an exhaustive review of every piece of material the State has and from the information you provide, we can begin to fully understand the events in question. We will look for exculpatory evidence, which is often left out in the disclosure phase. We will employ an expert staff of investigators to explore every aspect of your particular incident. We can bring in accident reconstruction experts to assess and present admissible evidence that can potentially shed new light on your matter, possibly causing the State to either drop your matter or reassess their view of the occurrence at hand. The purpose of a collision re-constructionist is to provide expert opinions and conclusions based on the factual data of the car accident using scientific methodology.

Vehicular crimes include but are not limited to:

Vehicular Manslaughter
Negligent Homicide (Vehicular)
Second degree Murder
Aggravated Assault – Dangerous
Leaving the Scene of an Accident Involving Death or Serious Injury
Unlawful Flight from Law Enforcement
Duty to Give Information and Assistance
Driving on a Suspended or Revoked License
Endangerment
Reckless Driving
Racing on Highways
Excessive Speed
Hit and Run
Boating Under the Influence

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Vehicular Crime Sentencing Structure

Click here for several charts to further illustrate the sentencing structure of vehicular crime.

Vehicular crimes encompass an array of serious charges that can range from misdemeanors to felonies. As can be seen by the range of penalties below, these crimes can cause an individual to face prolonged prison time. Thus, the need for aggressive and experienced legal representation to cut through the complex and numerous complicated legal and factual issues faced when charged with such a serious matter.

Vehicular Crimes Included in Arizona Revised Statutes

Duty to Give Information and Assistance §28-663
Negligent Homicide (vehicular) §13-1102
Reckless Driving §28-693
Vehicular Manslaughter §13-1103
Unlawful Flight from Law Enforcement §28-622.01
Aggravated Assault- Dangerous §13-1204
Second Degree Murder §13-1104
Endangerment §13-1201
Boating Under the Influence §5-395
Racing on Highways §28-708
Excessive Speed §28-701.02
Hit and Run §25-662
Leaving the Scene of an Accident involving Death or Serious Injury §28-661
Driving on a Suspended or Revoked License §28-3473

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Our practice stays up to date with the most recent legal and technological advances in defending you against a possible DMV suspicion or criminal charges.

If you have been accused of a crime, you should immediately contact an experienced and aggressive Phoenix, Arizona car accident attorney. Our firm can handle all aspects of your case, including the initial hearing, bail hearing, arraignment, plea negotiations, trial, verdict, pre-sentence investigations and reports, sentencing and sanctions, and any post-conviction appeals and motions. Your case will be strongly advocated at all times, as we recognize that your reputation, both professional and personal, is at stake. That's why Phillips and Associates is the first choice for so many clients throughout Maricopa, Pinal, Gila, Yavapai, Pima, Cochise, Graham, Navajo, Coconino, Mohave, La Paz, Yuma, Santa Cruz, Greenlee, and Apache Counties.

To learn more about your case or to learn more about Phoenix, Arizona law contact a qualified and experienced DUI and car accident attorney today.