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DUI Leaving the Scene

Were You Arrested for a Hit-and-Run Accident?

Fleeing the scene of an accident (hit-and-run) is a serious 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 Arizona Statutes.

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! Call us at (602) 702-5431.

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