Phoenix DUI–Related Homicide Defense Lawyer

Being charged with a DUI that resulted in someone’s death is one of the most serious criminal situations a person can face in Arizona. Depending on the facts, these cases can be prosecuted as Negligent Homicide, Manslaughter, or Second-Degree Murder—each carrying severe prison sentences and lifelong consequences.

At Arizona Justice Law Group, attorney Zalman Sapad combines years of DUI defense experience with in-depth knowledge of Arizona homicide law to fight for clients in these high-stakes cases. From challenging toxicology results to dismantling accident reconstruction reports, our goal is to ensure every detail of the prosecution’s case is tested.

How Arizona Classifies DUI-Related Homicide Charges

Arizona does not have a separate “vehicular homicide” statute. Instead, prosecutors use three primary homicide statutes for fatal DUI crashes:

• Negligent Homicide (A.R.S. § 13-1102) – Criminal negligence; failure to recognize a substantial and unjustifiable risk of death.
• Manslaughter (A.R.S. § 13-1103) – Recklessness; consciously disregarding a known risk of death.
• Second-Degree Murder (A.R.S. § 13-1104) – Extreme indifference to human life; conduct beyond ordinary recklessness.

The level of charge depends heavily on the mental state the State believes it can prove.

Real-World Hypotheticals: How Mental State Shapes the Charge

• Negligent Homicide Example: A driver with a 0.09% BAC fails to see a red light and collides with another car, killing the driver. No extreme speeding, weaving, or prior warnings.
• Manslaughter Example: A driver with a 0.18% BAC speeds 25 mph over the limit in rainy conditions, ignoring pleas from passengers to slow down, and causes a fatal crash.
• Second-Degree Murder Example: A driver with a 0.23% BAC races through a school zone at 80 mph, ignoring police signals to stop, and hits a pedestrian.

Key Arizona Appellate Cases That Shape Defense Strategies

• State v. Cocio (1985) – Clarified that “use of a motor vehicle” can make an offense “dangerous” if used in a manner capable of causing death or serious injury. Defense takeaway: If the State alleges “dangerousness,” prison time is mandatory and probation is off the table.
• State v. Slayton (2007) – Emphasized the importance of proving the defendant’s mental state; failure to prove recklessness can drop charges from Manslaughter to Negligent Homicide.

Inside the Courtroom: How DUI Homicide Cases Move Through Arizona Courts

In Maricopa County and other Arizona jurisdictions, fatal DUI cases are often assigned to specialized Vehicular Crimes Units within the prosecutor’s office. These prosecutors work closely with:

• Accident reconstruction experts to map out crash sequences
• Toxicologists to analyze BAC and drug levels
• Victim advocates to keep families informed and involved in sentencing recommendations

As a defense firm, we use our inside knowledge of these units’ playbooks to anticipate arguments and challenge their evidence effectively.

Defense Tactics We Use to Protect Our Clients

1. Challenging the Stop and Arrest – If police lacked reasonable suspicion or probable cause, critical evidence may be excluded.
2. Scrutinizing Chemical Test Accuracy – Breathalyzers and blood draws must meet strict calibration, chain of custody, and procedural requirements.
3. Disputing Proximate Cause – Even if impaired, the crash may have been unavoidable due to the victim’s actions or a third-party cause.
4. Mitigation Packages – Presenting the client’s full background, remorse, and rehabilitation efforts early can influence plea negotiations.
5. Expert Witnesses – Independent accident reconstructionists and toxicologists can counter the State’s experts.

Dangerous Offense Classification – Why It Matters

Arizona law allows a vehicle to be deemed a “dangerous instrument” if used in a way likely to cause death or serious injury. This classification:

• Raises minimum sentences dramatically
• Often applies in DUI homicide cases, especially with high speeds or extreme BAC
• Can limit probation eligibility entirely

Multiple Victims – The Risk of Consecutive Sentences

When more than one person dies in a DUI-related crash, the State can file separate homicide counts and seek consecutive prison terms. This means back-to-back sentences instead of serving them at the same time, potentially adding decades to the total.

Why Early Legal Representation is Critical

The first few weeks after a fatal crash are when evidence is gathered, charges are shaped, and narratives are formed. Having Zalman Sapad and Arizona Justice Law Group on your side early means:

• We can begin our own investigation before evidence disappears.
• We can engage with prosecutors before final charging decisions are made.
• We can protect your rights during questioning and testing.

Contact Arizona Justice Law Group Today

If you or a loved one is facing a DUI-related homicide charge, your freedom and future are at stake. Let us put our experience, resources, and courtroom insight to work for you.

📞 Call (602) 730-1756

📧 ArizonaJusticeLawyer@gmail.com

🔗 Contact Arizona Justice Law