DUI Leaving the Scene
Were You Arrested for a Hit-and-Run Accident?
Fleeing the scene of an accident (hit-and-run) is a crime. When coupled
with driving under the influence, charges and penalties may be even steeper.
While a simple
DUI may only be a misdemeanor on its own, the offense can become more serious
when there are aggravating factors, such as leaving the scene of the accident.
Every driver, if they are involved in an accident, is required to stop.
Failure to do so is a violation of § 28-661 or § 28-662 of the
According to § 28-661 (Accidents involving death or physical injuries):
B. A driver who is involved in an accident resulting in death or serious
physical injury and who fails to stop is guilty of a class 3 felony, except
that if a driver caused the accident the driver is guilty of a
class 2 felony. C. A driver who is involved in an accident resulting in an injury other
than death or serious physical injury and who fails to stop is guilty of a
class 5 felony.
According to § 28-662 (Accidents involving vehicle damage):
A. The driver of a vehicle involved in an accident resulting only in damage
to a vehicle shall: 1. Immediately stop the vehicle at the scene of the
accident... 2. Remain at the scene of the accident. B. A person failing
to stop or comply with this section is guilty of a
class 2 misdemeanor.
Injury & Death Accidents: Testing Alcohol Concentration
By law, if you are involved in an accident resulting in serious injury
or death, then law enforcement can require your submission to a blood,
breath or urine test
according to § 28-673 of the Arizona Statutes. Arizona's implied consent laws require drivers
to submit to these tests after a lawful arrest or after causing an accident
resulting in serious injury or death. Not all motor vehicle accidents
are caused by intoxicated drivers of course, but if a peace officer has
probable cause to believe intoxication was a factor then they can require
alcohol testing. Refusing a chemical test results in a suspension beginning
15 days after the order is served.
Hit-and-Run Penalties in Phoenix, AZ
In Arizona, hit-and-run penalties are to be served consecutively with any
other charges related to the incident. This means a DUI sentence, for
example, will not run independent of a hit-and-run sentence if they were
both related to the incident. Listed below are other penalties you could
face if convicted of DUI leaving the scene.
- Failure to stop & serious physical injury: License revocation for five
years and four to ten years' imprisonment
- Failure to stop & death: License revocation for ten years and four
to ten years' imprisonment
- Failure to stop & vehicle damage: Maximum four months' imprisonment
- Minimum fine of $250
- Community restitution
- Ignition Interlock Device (IID) installation
Defense Strategies from Phoenix DUI Attorneys
Criminal charges do not mean you are guilty. By law, you are innocent until
proven guilty. Phoenix Criminal Attorney Anthony Knowles is a former police
officer. He knows the many faults and flaws that can occur during a traffic
stop or during the DUI investigation. Breath and blood tests are not always
accurate and law enforcement officials do not always use the proper procedures
when stopping passenger vehicles.
Phoenix DUI lawyers at Knowles Law Firm, PLC can investigate your case
to build a strong defense in your favor. Were there any witnesses to the
incident? Did law enforcement use proper procedures in attempts to stop
your vehicle? We can evaluate what happened in your case and fight to
get your DUI leaving the scene charges dismissed or reduced. While these
two charges are not always coupled together, they can be. If you were
arrested for DUI and hit-and-run, don't hesitate to
contact Knowles Law Firm, PLC today!