The penalties regarding drunk driving in the state of Arizona are quite severe; however, this does not stop some drivers from making the reckless decision to operate a motor vehicle under the influence of alcohol. The Centers for Disease Control and Prevention (CDC) indicate that 2,912 people died as a result of a drunk driving accident in the state of Arizona between 2003 and 2012.
Arizona is actually close to the national average for those drivers that admit they operate a motor vehicle after having too much alcohol to drink. While sobriety checkpoints and other measures exist to attempt to prevent innocent victims from suffering injuries and losses related to drunk driving accidents, unfortunately, catastrophic accidents resulting in severe injuries and fatalities still occur.
If you experienced a drunk driving accident that caused you injury in any way consider visiting with our legal team today at Ben Crump Law, PLLC at (800) 598-7557 to better understand how a Tucson drunk driving accident lawyer can help answer all of your legal questions.
Drunk Driving Laws in the State of Arizona
Any driver in the state of Arizona that has a blood alcohol concentration level above .08% is officially driving under the influence of alcohol and can receive a charge of driving under the influence (DUI).
Implied Consent Law
According to Arizona law, every driver that operates a motor vehicle in the state has already given his or her consent to law enforcement to submit to a blood alcohol concentration test. Therefore, law enforcement has the legal right to test drivers for intoxication if they have reasonable suspicion or reasonable grounds to do so.
This implied consent law exists under Arizona Revised Statutes (ARS) § 28-1321, and gives police officers a great deal of latitude to test drivers for intoxication. The failure to submit to a blood alcohol test in the state of Arizona comes with an automatic one-year driver’s license suspension for a first offense, with subsequent offenses totaling suspensions of two years.
Penalties for Drunk Driving
For a first offense, a drunk driver will receive up to 10 days in jail, a $250 minimum fine, a driver’s license suspension of 90-360 days, alcohol education or treatment, and the requirement for an interlock ignition device for their vehicle.
Second offenses include 30-90 days in jail, a $500 minimum fine, a driver’s license suspension for one year, alcohol education or treatment, and the requirement for an interlock ignition device for their vehicle.
Finally, a third offense includes four months minimum of jail time, a $750 minimum fine, a one-year driver’s license suspension, alcohol education or treatment, and the requirement for an interlock ignition device for their vehicle.
For a free legal consultation with a drunk driving accidents lawyer serving Tucson, call (800) 598-7557
Determining Liability in Drunk Driving Accidents in the State of Arizona
While the driver that made the decision to operate a motor vehicle while intoxicated will likely bear a great deal of the responsibility and legal liability to victims of drunk driving accidents, there are other entities that may also bear legal responsibility to a victim.
Dram Shop Laws
Dram shop laws make any public entity that sells alcohol to patrons responsible for continuing to serve intoxicated customers that then leave their establishment and cause a drunk driving accident. Title 4 of the Arizona Revised Statutes addresses the state of Arizona’s dram shop laws. Establishments that serve alcohol to customers may have legal liability for any accidents in which their customers caused related to intoxication under the following three conditions:
- The bar, restaurant, or establishment sold alcohol to a customer that appeared obviously intoxicated and/or under the legal age to consume alcohol.
- The customer actually consumed alcohol at the bar, restaurant, or establishment.
- The alcohol consumption actually caused an accident in which a victim suffered an injury, property damage, or death.
Determining whether or not dram shop laws apply in your particular case may prove challenging.
Tucson Drunk Driving Accident Lawyer Near Me (800) 598-7557
Compensation Following a Drunk Driving Accident
You may face astronomical expenses related to your injuries and losses as a victim of a drunk driving accident. Some victims are simply not aware of all of the different types of compensation available to them following a drunk driving accident.
Some of the types of compensation that a victim may have a legal right to obtain may include medical costs, loss of income, property damage, and pain and suffering.
Medical expenses can include much more than doctor’s visits. Many victims of drunk driving accidents must rush immediately to the emergency room by ambulance. Ambulance costs, emergency room costs, diagnostic testing, surgery, medical treatments, prescription medications, continual doctor visits, and follow-up appointments, specialist appointments, continued surgeries or medical therapies, physical therapy, and more.
Additionally, some victims of drunk driving accidents may have the ability to receive reimbursement for out-of-pocket expenses that include transportation costs or even assistance for daily tasks, such as housekeeping or physical help, depending on the severity of their injuries.
Loss of Income
Many victims of drunk driving accidents also have the inability to immediately return to work as a result of their serious injuries. As a result, they lose not only their income but also potential bonuses, promotions, and employee benefit, and pension contributions.
In some cases, victims must take substantial vacation leave and sick leave they saved for a considerable amount of time. Victims may have the ability to receive compensation for all of these expenses as well as the loss of future income if their injuries prove severe enough that they remain unable to work.
Consider Reaching Out to Us
If you experienced a drunk driving accident, you likely have many questions regarding your legal rights. Call Ben Crump Law, PLLC at (800) 598-7557 to see how a Tucson drunk driving accident lawyer can work with you to protect your legal rights.