Arizona DUI With an Accident Lawyers
Arrested for a DUI that involved a crash in Arizona? A collision does not raise the base DUI class, but it sharply increases your exposure: restitution, civil liability, and if anyone was hurt, added charges like endangerment, aggravated assault, or a felony DUI. Causation, who was driving, the stop, and the test are all in play. Call us before you talk to police or insurers.
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What Is a DUI With an Accident in Arizona?
Quick answer: A DUI with an accident is a DUI under A.R.S. § 28-1381 that also involves a collision. The crash itself does not raise the base DUI class, a first DUI is still a Class 1 misdemeanor, but it dramatically increases your exposure. You can be ordered to pay restitution to victims, face civil liability, and if anyone was injured the State can add endangerment (A.R.S. § 13-1201) or aggravated assault (§ 13-1204). Serious injury or death can escalate to aggravated DUI or vehicular felonies. Property damage, leaving the scene (hit-and-run, § 28-661), and admissions made at the scene are all key issues we attack.
Both Sides
Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending DUI involving an accident and other DUI cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is a DUI With an Accident in Arizona?
- Does a DUI accident become a felony in Arizona?
- What extra charges can a DUI crash add in Arizona?
- Will I have to pay restitution and face jail after a DUI crash?
- How does the State prove I caused the accident?
- What are the strongest defenses to a DUI accident case?
- Can a DUI accident charge be reduced or dismissed?
- How a Crash Changes DUI Exposure
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with DUI involving an accident in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 28-1381, the penalties, and the defenses that matter most.
Does a DUI accident become a felony in Arizona?
Not by itself. A crash does not raise the base DUI class, so a first DUI with property damage is still a Class 1 misdemeanor. It becomes a felony when injuries, death, or fleeing the scene add separate counts, or when a standard aggravator like a suspended license applies.
What extra charges can a DUI crash add in Arizona?
If someone is injured, the State can add endangerment under A.R.S. § 13-1201 or aggravated assault under § 13-1204, both felonies. Serious injury or death can mean aggravated DUI or vehicular crimes like manslaughter or negligent homicide, and leaving the scene is a separate felony hit-and-run under § 28-661.
Will I have to pay restitution and face jail after a DUI crash?
Likely, if you are convicted. A DUI-crash conviction commonly includes a court order to pay restitution for vehicle damage and medical bills that can run into tens of thousands, along with the mandatory DUI jail, and felony counts can add prison. You may also face a separate civil lawsuit from the other driver.
How does the State prove I caused the accident?
Through the crash scene, witnesses, vehicle damage, and accident reconstruction, plus evidence of impairment, and it must link your impaired driving to the collision and any injury. That causation is often where these cases are won, especially if another driver, the road, or a mechanical failure was the real cause.
What are the strongest defenses to a DUI accident case?
The best defenses attack causation and who was driving, an intervening cause or another driver’s fault can break the chain the State needs, plus the chemical test and any scene statements. A long delay before testing also supports a rising-BAC argument that your level was lower while driving.
Can a DUI accident charge be reduced or dismissed?
Often, yes. If we break causation, dispute who was driving, suppress scene statements, or undermine the chemical test, added felony counts can be dropped and the DUI itself reduced to reckless driving or dismissed. Each layer of the case is attacked separately.
How a Crash Changes DUI Exposure
The base DUI class usually stays the same, but the harm from a collision can add felony counts and restitution that dwarf the underlying DUI.
| Crash Outcome | Likely Added Charge | Statute | Class | Key Issue |
|---|---|---|---|---|
| Property damage only | DUI + restitution | 28-1381 | Class 1 Misd. | Causation & the test |
| Injury to another | Endangerment / Agg. Assault | 13-1201 / 13-1204 | Felony | Did impairment cause it? |
| Serious injury / death | Aggravated DUI / Vehicular | 28-1383 / 13-1103 | Felony | Causation & chemical test |
| Leaving the scene | Hit-and-Run | 28-661 | Felony | Knowledge & identity |
A crash does not raise the base DUI class, but injuries, death, or fleeing add separate, often felony, charges.
What the State Must Prove for DUI With an Accident
To convict you of DUI With an Accident under A.R.S. § 28-1381, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1A DUI under A.R.S. § 28-1381. You were driving or in actual physical control while impaired or at or above .08, the underlying DUI.
- 2A collision occurred. Your vehicle was involved in a crash causing property damage, injury, or death.
- 3Causation. The State must link the crash, and any injury, to your impaired driving, not to another driver or condition, to add the harm-based charges.
- 4Identity and conduct after. You were the driver and, for a hit-and-run count, knowingly failed to stop and provide information.
Examples of Conduct Charged as DUI With an Accident
- A single-car crash where impairment is suspected
- A rear-end or intersection collision with property damage
- A crash that injures a passenger or another driver
- Leaving the scene of an accident after drinking (hit-and-run)
- A serious-injury or fatal crash charged as a vehicular felony
What Sentence Could You Actually Face?
A first DUI with property damage stays a misdemeanor, but it adds restitution and civil exposure, and injuries, death, or fleeing the scene can add felony counts with mandatory prison.
Property Damage
Misdemeanor DUI
Injury Crash
Added Felony Counts
Serious Injury / Death
Vehicular Felony
⚠ The Crash Does Not Convict You, Causation Does
A collision gives the State more evidence and more charges, but it still must prove you were impaired and that your driving caused the crash and any injury. Another driver’s fault, road conditions, a mechanical failure, or an unavoidable event can break that chain. Attacking causation, who was driving, the stop, and the chemical test can keep the case a misdemeanor, or defeat it.
How We Fight Arizona DUI With an Accident Cases
Every case has weak points. These are the defenses we look at first.
Attacking Causation & Who Was Driving
Causation. The State must prove your impairment, not another driver, the road, or a mechanical failure, caused the crash and any injury. Accident reconstruction often tells a different story.
Who Was Driving. In a multi-occupant crash, identity is frequently in dispute. If the State cannot prove you were behind the wheel, the DUI fails.
Intervening Cause. A third party running a light, sudden road hazards, or weather can be the real cause, breaking the link the State needs for the harm-based counts.
Disputing Injury or Seriousness. Whether an injury is ‘serious physical injury’ can decide whether the case is a misdemeanor or a felony, and that is often contestable.
Attacking the Stop, Test & Statements
Rising BAC & Timing. After a crash there is often a long delay before testing. Your level may have been below the limit while driving and risen by the time of the test.
Breath & Blood Test Errors. Margin of error, calibration, the 15-minute observation, mouth alcohol, the blood draw, and chain of custody all can make the result unreliable or inadmissible.
Scene Statements & Miranda. Admissions like “I only had a couple” may have been obtained unlawfully. We move to suppress statements taken without proper warnings.
Unlawful Investigation. Where the stop, detention, or blood draw violated your rights, the evidence that flows from it can be suppressed.
The Experts We Bring to the Table
An extreme DUI is a science case. The State leans on a breath machine and a crime lab; we answer with specialists who challenge that science line by line.
Forensic Toxicologists
BAC & Absorption
Independently review the blood and breath results, the absorption curve, and whether the alleged number reflects your true level at the time of driving.
Breath-Test Analysts
Intoxilyzer & Calibration
Examine the machine’s calibration and maintenance logs and the 15-minute observation, exposing mouth alcohol, radio interference, and operator error that inflate readings.
Blood & Lab Experts
Gas Chromatography
Audit the blood draw, storage, fermentation risk, lab protocol, and reported uncertainty, where applying the margin of error can drop the reading below the threshold.
Medical Experts
GERD, Diabetes & Diet
Explain how acid reflux, diabetes, and low-carb diets can push a breath reading upward, independent of how much alcohol was actually consumed.
Field Sobriety Experts
NHTSA Protocol
Evaluate whether the standardized field sobriety tests were administered and scored correctly, and whether the ‘clues’ really show impairment.
Records & Discovery Specialists
Maintenance & Logs
Pull the full calibration history, repair records, and discovery the State would rather not produce, the paper trail that often reveals an unreliable machine.
Recent DUI With an Accident Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles DUI involving an accident cases across Arizona.
DUI Collision, Causation Disputed
Felony Counts Dismissed
Accident reconstruction showed the other driver ran the light. With causation broken, the added felony counts were dismissed and the DUI was resolved as a misdemeanor.
DUI Crash, Who Was Driving
Charges Dismissed
In a multi-occupant single-car crash, the State could not prove our client was the driver, and the DUI was dismissed.
DUI Accident, Rising BAC
Reduced to Reckless Driving
A long delay before the blood draw supported a rising-BAC defense, and the case was reduced to reckless driving.
Injury Crash, Disputed Seriousness
Reduced to Misdemeanor
We challenged whether the injury qualified as serious physical injury, dropping the aggravated assault count to a misdemeanor resolution.
DUI Crash, Suppressed Statements
Charges Dismissed
Scene admissions were taken without proper warnings. With the statements suppressed and the test challenged, the State dismissed.
Hit-and-Run, No Knowledge
Charges Dismissed
We showed our client did not knowingly leave the scene of an injury crash, and the felony hit-and-run count was dismissed.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for a DUI accident lawyer in Phoenix, a DUI with injury defense attorney, help after a DUI car crash, or a hit-and-run DUI charge in Arizona. Tamou Law Group defends DUI involving an accident and other DUI cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County. This page is part of our Arizona dui charges practice. Call 623-321-4699 for a free, confidential consultation, 24/7.
Arizona DUI With an Accident FAQs
Quick answers to the questions we hear most about DUI involving an accident charges, penalties, and defenses in Arizona.
Does a DUI accident make the charge a felony in Arizona?
Not by itself. A crash does not raise the base DUI class, so a first DUI with property damage is still a Class 1 misdemeanor. It becomes a felony when injuries, death, or fleeing the scene add separate counts, or when a standard aggravator like a suspended license applies.
What extra charges can a DUI crash add?
If someone is injured, the State can add endangerment (A.R.S. 13-1201) or aggravated assault (13-1204), both felonies. Serious injury or death can mean aggravated DUI or vehicular crimes like manslaughter or negligent homicide, and leaving the scene is a separate felony hit-and-run under 28-661.
Will I have to pay restitution?
Likely, yes, if you are convicted. A DUI-crash conviction commonly includes a court order to pay restitution for vehicle damage, medical bills, and other losses, which can run into tens of thousands of dollars. You may also face a separate civil lawsuit from the other driver.
How does the State prove I caused the accident?
Through the crash scene, witness accounts, vehicle damage, and accident reconstruction, plus evidence of impairment. The State must link your impaired driving to the collision and any injury, and that causation is often where these cases are won, especially if another driver or condition was at fault.
Can the chemical test still be challenged after a crash?
Yes, and timing helps the defense. Crashes often mean a long delay before testing, which supports a rising-BAC argument, and the breath or blood test is still subject to margin-of-error, calibration, draw, and chain-of-custody challenges that can make it unreliable or inadmissible.
What if I left the scene of the accident?
Leaving the scene of an injury crash is a separate felony, hit-and-run under A.R.S. 28-661, on top of the DUI. The State must prove you knew a crash occurred and knowingly failed to stop and exchange information, and we challenge both knowledge and identity.
Can a DUI accident case be reduced or dismissed?
Often, yes. If we can break causation, dispute who was driving, suppress scene statements, or undermine the chemical test, added felony counts can be dropped and the DUI itself reduced to reckless driving or dismissed. Each layer of the case is attacked separately.
What should I say to the police or my insurance after a DUI crash?
As little as possible until you have a lawyer. Scene admissions and recorded insurance statements are powerful evidence the State and insurers use against you. You can be polite, provide required information, and then decline to discuss fault or drinking.
How serious is a DUI crash that injures someone?
Very. An injury crash can turn a misdemeanor DUI into felony endangerment or aggravated assault, and a serious-injury or fatal crash into a vehicular felony with mandatory prison. These cases demand immediate investigation, reconstruction, and a challenge to causation and the test.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- A DUI with an accident is a DUI under A.R.S. § 28-1381 that involves a crash; the collision does not by itself raise the base DUI class.
- It does sharply raise exposure: restitution to victims, civil liability, and added criminal counts if anyone was hurt.
- An injury can add endangerment (§ 13-1201) or aggravated assault (§ 13-1204); serious injury or death can mean vehicular felonies.
- Leaving the scene of an injury crash is a separate felony (hit-and-run, § 28-661) on top of the DUI.
- A DUI on a suspended license, a 3rd in 84 months, or with a child under 15 becomes an aggravated (felony) DUI regardless of the crash.
- The strongest defenses target causation, who was driving, the stop, and the chemical test, not just whether a crash happened.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.