If we’re being honest, most of us have probably had a drink and driven home at least a few times in our lives. And though the smartest decision is to never be drinking when you know you’re going to have to drive, having one beer won’t impair the majority of people or put them over the legal limit.
But now imagine this nightmare: as you’re driving home, you get into an accident with another driver. Your mind starts to race, and you become terrified. Are you sure you didn’t drink enough to get a DUI? What will that mean for your driving record? For your future? In a moment of panic, you flee the scene of the accident without reporting it or giving your information to anyone.
Unfortunately, a cop saw you and chased you down, and now he says he’s going to charge you with a DUI, the accident, and for failure to stop at that accident. Your license is going to be revoked, and what might have been just a little fender bender has turned into a serious criminal offense. Worse, when your Arizona DUI lawyer goes over all the details with you, he tells you that he probably could have had the DUI charges thrown out and that the accident was actually the fault of the other driver! But since you tried to flee, it makes it seem like you were the guilty party and trying to hide something.
Do yourself a favor and always report accidents.
Charges and Penalties for Failing to Report an Arizona DUI Accident
Getting into an accident while driving under the influence of drugs or alcohol is obviously a very, very bad thing. If that accident resulted in another person being injured, you will be charged with a felony or aggravated DUI. This type of DUI charge is Arizona’s most severe and carries with it a number of extreme penalties.
If convicted, you can get up to 18 years of prison time, be forced to pay $5,500 or more in fines, be charged high assessment fees, have your driver’s license revoked for more than 3 years, be required to undergo mandatory counseling and screening for drugs and alcohol, attend mandatory traffic school, complete community service hours, have an ignition interlock device installed in your vehicles, be put on probation for up to 5 years, get driving record points put on your license, and receive a permanent criminal record.
Why would you want to flee the scene and add more penalties to that already long list?
- By not reporting an accident involving only property damage, you can be charged with a Class 2 misdemeanor and your license can be suspended for 1 year.
- By not reporting an accident in which someone was injured, you can be charged with a Class 5 felony and your license can be revoked for 3 years.
- By not reporting an accident in which someone was seriously injured or was killed, you can be charged with a Class 3 felony and your license can be revoked for 5 years.
- And finally, by not reporting an accident in which someone was seriously injured or was killed for which you were at fault, you can be charged with a Class 2 felony and your license can be revoked for 5 years.
The real kicker? These license suspensions and revocations aren’t done concurrently with any other penalties you might receive for other charges, but consecutively. What this means is that if your license is revoked for a year for the DUI, another 5 years for the accident itself, and 3 years simply for not reporting the accident, you’ll be without a license for a total of 9 years!
Your Legal Obligations in an Arizona DUI Accident
So, what exactly are you required to do if you get into an accident? Under Arizona law, regardless of whether the accident caused vehicle damage, injury, or even death, you have to stop at the scene of the incident to provide your information (name, address, licenses plate number, driver’s license) as well as try to help anyone who was injured in the accident, possibly even arranging for medical treatment.
Almost anyone who has ever been involved in a car accident knows and understands this process. If you can, give your information to the other driver involved in the accident. Sometimes no other driver is involved in an accident, but this doesn’t mean that you’re allowed to simply walk away. In this situation, it is your responsibility to find the owner of the property you damaged and give him or her your information, or at the very least leave a note for the owner that includes your contact information.
An Arizona DUI Accident Is a Very Serious Thing
But just because the charges are serious and scary, that doesn’t mean that running away is going to make it any better, and there is a good chance it could make it a lot worse. Before panicking, contact your Arizona DUI attorney and let him or her walk you through what you need to do and how you should interact with the police. Experienced DUI attorneys have done this before, and they can help to make sure you receive the best possible outcome.