Phoenix DUI Causing Injuries Defense Lawyer

Driving under the influence (DUI) becomes exponentially more serious when it results in another person being injured. In Arizona, injury-related DUI charges can escalate from a misdemeanor to a serious felony, often carrying mandatory prison time if classified as “dangerous.” The stakes are high, but a well-prepared defense can make a critical difference.

At Arizona Justice Law Group, we have extensive experience defending clients in Phoenix and throughout Maricopa County in DUI injury cases — from initial police contact to trial and post-conviction relief.

Understanding Arizona DUI Injury Laws

ARS § 28-1381 covers standard DUI.

ARS § 13-1204 governs aggravated assault, which can be charged when a DUI accident causes “serious physical injury” or involves using a vehicle as a “dangerous instrument.”

Key Point: A motor vehicle can be considered a dangerous instrument (State v. Gatliff, 209 Ariz. 362 (App. 2004)), which means that if the state proves serious physical injury caused by reckless DUI driving, the offense can be labeled “dangerous” — triggering mandatory prison for an aggravated assault charge.

How a DUI Becomes a Felony in Injury Cases

A standard DUI can become a felony if:

• It causes serious physical injury (risk of death, permanent disfigurement, or long-term loss of function).
• It meets aggravated DUI criteria (e.g., license suspended, multiple prior DUIs, child in the car).
• Prosecutors charge aggravated assault using a car as a dangerous instrument.

Felony Classifications

• Class 4 Felony — Non-serious injury or non-dangerous aggravated DUI.
• Class 3 Felony — More severe injury or aggravating factors.
• Class 2 Felony — Can become Reckless Manslaughter if someone dies in the accident, it could be a passenger in any vehicle or a driver or pedestrian.

Real-World Example (Hypothetical)

Imagine you’re leaving a downtown Phoenix event after two drinks. On the way home, you swerve to avoid debris and clip a bicyclist. The cyclist breaks an arm. Your BAC is 0.09.

• Without injury: Likely a misdemeanor DUI.
• With injury: Could be charged as aggravated assault (Class 3 felony, possibly “dangerous”), even if the injury was unintentional
• The State will allege that you were presumptively “reckless” due to having a BAC above a .08.

This illustrates how quickly an incident can escalate from a standard DUI to a felony with prison exposure.

Notable Arizona Case Law Shaping DUI Injury Defense

State v. Orduno (1989) — Established that a car cannot be a dangerous instrument for purposes of “dangerous offense” sentencing in DUI injury cases.

State v. Williams (2004) — Clarified that serious physical injury determinations depend on the actual long-term impact, not just initial harm.

State v. Morales (2011) — Highlighted the importance of causation; the state must prove impairment was a substantial factor in causing injury.

Why This Matters: These cases give us tools to challenge whether the prosecution can legally classify your offense as “dangerous” or prove the injury meets statutory thresholds.

How Maricopa County Prosecutors Approach DUI Injury Cases

From inside the courtroom, we know:

• Early Charging Decisions Matter: Prosecutors often decide felony level before all medical records are in.
• Police Reports Get Heavy Weight: Inconsistencies between reports and victim statements can create leverage.
• Restitution is a Big Factor: The county attorney’s office actively seeks restitution orders, which can sometimes be negotiated alongside plea terms.

Proven Defense Tactics We Use

1. Challenge the Cause of Injury We analyze accident reconstruction, road conditions, and vehicle defects to show the injury wasn’t caused by impairment.
2. Dispute BAC Testing Accuracy Breathalyzer calibration logs and chain-of-custody for blood samples are scrutinized for errors.
3. Leverage Mitigation Early Voluntary alcohol counseling, restitution payments, and character references can influence whether a “dangerous” classification is pursued.
4. Negotiate for Lesser Charges In some cases, reducing from aggravated assault to endangerment or reckless driving can avoid mandatory prison.
5. Fight for Concurrent Sentences If multiple counts are filed, we work to have sentences run at the same time rather than back-to-back.

Hypothetical Courtroom Scenario

A client with a clean record rear-ends a car at a Glendale intersection, causing a broken nose to the other driver. BAC is 0.14.

• Prosecution Goal: Class 4 aggravated DUI, “dangerous” classification.
• Defense Approach: Show injury was caused by the victim not wearing a seatbelt (medical testimony), challenge BAC sample timing.

Sentencing Ranges in Arizona for DUI with Accident

Felony Class	Non-Dangerous Range	Dangerous Range
Class 4	1 – 3.75 years	4 – 8 years
Class 3	2 – 8.75 years	5 – 15 years
Class 2	3 – 12.5 years	7 – 21 years

Civil Liability & Restitution

Even if criminal charges are resolved, you may still face:

• Restitution orders in criminal court.
• Civil lawsuits for medical bills, lost wages, and pain and suffering.
• Insurance disputes over coverage and policy exclusions.

We handle these issues in tandem with the criminal case to minimize financial exposure.

Why Choose Arizona Justice Law Group

• Led by Founding Partner Zalman Sapad, who has extensive DUI defense experience in Maricopa County.
• Deep understanding of local court procedures and prosecutorial tactics.
• Focused on clear communication, so you understand every step.
• Strategic use of expert witnesses in toxicology, accident reconstruction, and medical impact analysis.

Next Steps if You’re Charged

If you or someone you love is facing DUI injury charges in Phoenix:

1. Do not speak to police without an attorney present.
2. Preserve evidence — photos, dashcam footage, witness info.
3. Call our office immediately at (602) 730-1756 for a confidential consultation.

Contact Arizona Justice Law