Being charged with a DUI is a serious matter, but when an accident is involved, the situation becomes even more dire. If you were involved in an accident that caused a serious injury, death, or property damage, a DUI charge will automatically be raised to an aggravated DUI charge. Because of the grave nature of a conviction, if you have been charged with an accident-related DUI, you should immediately seek out qualified legal help. James E. Novak has helped many clients who were facing DUI accident charges in the greater Phoenix area. Having focused primarily on DUI cases for a number of years, James Novak has a thorough knowledge of DUI law and knows how to successfully argue against a felony drunk driving conviction. Contact us today to learn more.
When dealing with a DUI accident case, the prosecution faces a significantly greater burden of proof. First, the prosecution must prove that you were, in fact, “impaired to the slightest degree.” Like any Arizona DUI case, proof may be found in the blood test, witness accounts, and police observations of your behavior and driving patterns. In addition, the prosecution must demonstrate:
- That the accident resulted in bodily harm to another person, or property damage
- That you violated a law (beyond drunk driving law)
- That you actually caused the accident
If these cannot be proven, you may still be found guilty of a misdemeanor DUI, but you cannot be charged with an accident-related felony. However, if you are found guilty of DUI, an it is your third DUI conviction in seven years, you may be charged with felony DUI.Consequences of a Conviction
As with any felony charge, if you are found guilty of a DUI charge involving an accident, you will face heavy penalties. These can include at least four months in prison, more than $150,000 in fines, a three-year license suspension, and an ignition interlock device.DUI Accident Defense
Although these penalties sound frightening, it is more difficult to prove guilt for a DUI with an accident, so there is hope - especially if you enlist the representation of an experienced attorney. James Novak has represented many of these cases and is highly familiar with the most successful defense tactics. Using the right arguments, Novak may be able to have your charges reduced or even dropped completely. Previous successful strategies include:
- Demonstrating that the accident was not caused by the defendant
- Demonstrating that the prosecuting clients were partially or fully responsible for the accident
- Demonstrating that the accident was not caused by a traffic violation
- Demonstrating that the blood test was contaminated or improperly administered
There are, of course, many other effective arguments that may be used. James Novak may use other strategies to defend you, depending on the specifics of your case. Even if he believes reduced or dropped charges are not possible, he will work tirelessly to negotiate a reduced sentence.Contact James E. Novak
If you are facing DUI charges involving an accident, you should seek out immediate legal assistance. Call the Law Offices of James E. Novak today and get started on the path to a successful legal defense. Attorneys are ready to take your calls 24 hours a day, 7 days a week, and they will be happy to book your consultation with James Novak.