DUI Accidents Causing Injury or Death
Attorney Trent Buckallew is a Board Certified Criminal Defense Lawyer with 20 years of experience in litigating very serious and complex felony cases in Arizona, including DUI cases involving death or serious injury. These cases are taken very seriously in the State of Arizona and can result in very significant consequences if convicted, and as such, it is critical to seek the advice and counsel of an attorney with substantial experience in litigating complex felony cases.
If you are involved in an accident which results in injury to another person while you are driving under the influence, you can be charged with Aggravated DUI
or Aggravated Assault. In DUI accidents which cause death, a person can be charged with Manslaughter, Negligent Homicide
or even 2nd Degree Murder
. Given the extremely harsh penalties associated with these types of serious felony offenses, it is critical that you seek the advice and counsel of an experienced DUI Attorney, who has handled these types of complex felony DUI cases and has the requisite experience in launching 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 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. Fewer than 100 lawyers in the State of Arizona are Board Certified in the specialty of Criminal Defense.
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 in 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.
DUI Negligent Homicide
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).
DUI 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.