DUI With Injury
DUI Accidents Causing Injury or Death
If you are involved in an accident which results in injury or death to another person while you are driving under the influence, you can be charged with Aggravated DUI or Aggravated Assault in DUI accidents resulting in injury to other(s). In DUI accidents which cause death, a person can be charged with Manslaughter, Negligent Homicide or even 2nd Degree Murder. These are felony offenses which carry extremely harsh penalties, so it is critical that you retain the services of an experienced DUI Attorney, who has handled these types of complex felony DUI cases, to launch an aggressive defense on your behalf. The exact penalties imposed after conviction will depend upon several factors, including the specific nature of your charges, whether they are labeled as dangerous or non-dangerous and your blood alcohol concentration (BAC) as measured by blood, breath or urine. If convicted, you may face the following penalties for a first-time aggravated DUI offense:
• Mandatory prison for crimes designated as "dangerous" offenses
• Maximum fines of $150,000.00
• Driver’s license revocation for up to 3 years or more
• Possible vehicle impoundment
• Driving record points
• Having to reapply for your license and pay reinstatement fees
• Mandatory traffic school
• Higher assessment fees
• Required use of an ignition interlock device
• Mandatory drug/alcohol screening and counseling
• Community work service
• Probation of up to 5 years
• A permanent mark on your criminal record
Penalties for Injuries Caused by DUI
If you are facing DUI charges resulting in injury, it is important that you retain experienced legal counsel, as the consequences of a conviction are significant, and may include mandatory prison. Mr. Buckallew has extensive experience in handling the defense of DUI cases involving both injury and death and has a strong understanding of our often-complicated criminal justice system, and will vigorously defend your case in court. Mr. Buckallew has significant experience resolving complex DUI cases utilizing pre-trial negotiations, settlement conferences and, where appropriate, contested trials - including both bench trials and jury trials. In addition to earning his law degree, and later, his master's degree, Mr. Buckallew continues to further his knowledge and skills through continuing legal education (CLE) and other criminal defense related courses on an ongoing basis. He has studied at the Institute for Criminal Defense Advocacy - Trial Skills Academy, the National College of DUI Defense (NCDD) and is also a member of the American Academy of Forensic Science (AAFS). Mr. Buckallew is a Board Certified Criminal Defense Attorney, having been certified by the State Bar of AZ. This certification requires extensive experience, peer reviews by opposing counsel, Judges and other lawyers in the field, demonstration of professionalism, integrity and a high degree of competence in the area of practice, along with a rigorous written exam.
DUI Accident Involving Death
If you have been in an accident involving death while under the influence of alcohol, drugs or prescription drugs, in addition to aggravated DUI charges, you may also be facing either Negligent Homicide, Manslaughter or 2nd Degree Murder charges. Given the serious consequences involved in these cases, it is critical to contact an experienced attorney who specializes in complex DUI litigation to discuss your legal options. This Firm has represented individuals complex DUI cases involving both injury and death, as well as appeals in these types of cases and has significant experience in litigating serious and complex felony criminal cases.
According to A.R.S. §13-1102, a person can be charged with negligent homicide if the driver is alleged to have been criminally negligent in causing the death of another person, including that of an unborn child (at any stage of its development). Negligent homicide is a Class 4 Felony and is punishable by a presumptive term of 2.5 years for a first offense (up to a maximum of 3.75 years).
Manslaughter is a more serious offense – a Class 2 Felony and according to A.R.S. §13-1103, is defined as a person who recklessly causes the death of another person. Manslaughter is punishable by a presumptive term of 5 years in prison for a first offense (up to a maximum of 12.5 years).
2nd Degree Murder
A charge of 2nd Degree Murder would be the most serious offense - a Class 1 Felony and according to A.R.S. §13-1104, is defined as a person who, without premeditation, intentionally causes the death of another person, including an unborn child. The penalties upon conviction of 2nd Degree Murder can result in up to life in prison.
Given the serious nature of DUI cases involving either injury and/or death, it is important to consult with an experienced DUI attorney to better understand your legal options before making any decisions that could have long term consequences.
Contact the Firm today if you or a loved one are facing DUI involving Injury or Homicide.