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ARS 28-663: Duty to give information and assistance

ARS 28-663: Duty to give information and assistance

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

The complete text of A.R.S. § 28-663 on duty to give information and assistance, what the State has to prove, and the sentencing range, with a violation charged as a class 6 felony or a class 1 misdemeanor and exposure reaching up to 2 years in prison.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC. Last updated September 4, 2026.

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What the State Must Prove Under § 28-663

A.R.S. § 28-663 is the Arizona statute on duty to give information and assistance. The statute sets out 3 ways the offense can be committed. A violation is a class 6 felony or a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 2 years in prison.

A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall:

  1. Give the driver’s name and address and the registration number of the vehicle the driver is driving.
  2. On request, exhibit the person’s driver license to the person struck or the driver or occupants of or person attending a vehicle collided with.
  3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.

The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.

Penalties for a § 28-663 Conviction

ClassMitigatedMinimumPresumptiveMaximumAggravated
Class 6 felony4 months6 months1 year1.5 years2 years
ClassMaximum jailMaximum fine
Class 1 misdemeanor6 months$2,500

Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.

Full Text of A.R.S. § 28-663

A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall:

1. Give the driver’s name and address and the registration number of the vehicle the driver is driving.

2. On request, exhibit the person’s driver license to the person struck or the driver or occupants of or person attending a vehicle collided with.

3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.

B. If the first vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if both:

1. The vehicle owner or a person on behalf of the vehicle owner promptly contacts a law enforcement agency to report the accident or if the fully autonomous vehicle or neighborhood occupantless electric vehicle alerts a law enforcement agency to the accident.

2. The vehicle owner, a person on behalf of the vehicle owner, the fully autonomous vehicle or a neighborhood occupantless electric vehicle makes the owner’s name and address and the registration number of the vehicle available to either:

(a) A person struck by the vehicle.

(b) The occupants of or a person attending a vehicle that is involved in the accident.

C. A person who fails to comply with subsection A, paragraph 1 or 2 of this section is guilty of a class 1 misdemeanor.

D. A person who fails to comply with subsection A, paragraph 3 of this section is guilty of a class 6 felony. If the court finds by a preponderance of the evidence that the person’s use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.

Source: Arizona Revised Statutes § 28-663, Arizona Legislative Council revision of 09/20/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.

Our Guides on This Charge

Written by our defense team on how these cases run in Arizona courts.

How Tamou Law Group Defends § 28-663 Cases

A § 28-663 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 6 felony and something far less serious, and it is where these cases are won.

We handle duty to give information and assistance cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.

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Common Questions

Frequently Asked Questions

What is A.R.S. § 28-663?

A.R.S. § 28-663 is the Arizona statute on duty to give information and assistance. A violation is a class 6 felony or a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.

Is a violation of § 28-663 a felony in Arizona?

It can be. Under the statute a violation is a class 6 felony or a class 1 misdemeanor, so the exposure reaches up to 2 years in prison. The paragraph charged and the facts decide which class applies.

What is the sentence for a class 6 felony in Arizona?

For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 6 felony at 4 months to 2 years, with a presumptive term of 1 year. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.

What is the maximum penalty for a class 1 misdemeanor?

A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.

Where can I read the official text of § 28-663?

The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/20/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.

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