Investigative Article: Understanding DUI Vehicular Manslaughter Charges in Arizona
Driving under influence of drugs or alcohol is a major threat to public safety, and it can result in severe consequences for everyone involved. In some cases, DUI can even lead to vehicular manslaughter charges. To get a better understanding of these charges, we need to examine the laws, penalties, defenses, and frequently asked questions surrounding DUI vehicular manslaughter in Arizona.
The Vehicular Manslaughter Laws in Arizona
In Arizona, vehicular manslaughter occurs when a person recklessly causes the death of another person while driving a vehicle. According to Arizona Revised Statutes §13-1103, vehicular manslaughter is considered a class 2 felony, and it is punishable by up to 12.5 years in prison, fines of up to $150,000, and restitution to the victim's family.
The Manslaughter Penalties
If a person is convicted of vehicular manslaughter due to a DUI in Arizona, the penalties are even more severe. The offender may face a mandatory minimum prison sentence of four years, which may increase depending on the circumstances of the case. Additionally, the offender may face fines, community service, and suspension or revocation of their driver's license.
The DUI Law
In Arizona, a person is considered DUI if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the BAC limit is 0.04%, and for underage drivers, the limit is 0.00%. If a person is suspected of DUI, the police officer may request a chemical test to determine their BAC level. Refusing to take the test may result in automatic license suspension.
Defenses to DUI Vehicular Manslaughter
If a person is charged with DUI vehicular manslaughter in Arizona, they may have several defenses available to them. Some of the most common defenses include:
- Challenging the blood alcohol test results
- Questioning the validity of the traffic stop
- Arguing that the defendant was not driving recklessly
- Proving that the accident was caused by a third party
Frequently Asked Questions (FAQs) on DUI and Vehicular Manslaughter in Arizona
Q: Can I refuse to take a blood alcohol test in Arizona?
A: Technically, you can refuse to take the test, but doing so may result in automatic license suspension. Additionally, refusing to take the test may be used as evidence against you in court.
Q: Can I be charged with DUI vehicular manslaughter if the accident was not my fault?
A: Yes, you can be charged with DUI vehicular manslaughter even if the accident was caused by another driver's negligence. However, the prosecution must prove that your actions contributed to the accident and caused the victim's death.
Q: Can I get my driver's license reinstated after a DUI vehicular manslaughter conviction?
A: It depends on several factors, including the severity of the offense, your criminal history, and the judge's discretion. In some cases, you may be able to apply for a restricted driver's license after serving a portion of your sentence.
Q: Is it possible to get a plea bargain for a DUI vehicular manslaughter charge in Arizona?
A: Yes, it is possible to negotiate a plea bargain with the prosecution that may result in reduced charges or a lighter sentence. However, it is crucial to have an experienced DUI defense attorney to help you navigate the legal system.
Facing Charges? Kolsrud Law is Here to Help
If you have been charged with vehicular manslaughter due to a DUI in Arizona, you need expert legal representation to protect your rights and defend your case. The experienced attorneys at Kolsrud Law Offices have a proven track record of successfully defending DUI vehicular manslaughter cases, and they can help you get the best possible outcome. Contact Kolsrud Law Offices today to schedule a consultation and get the legal help you need.
DUI Vehicular Manslaughter Charges in Arizona-Kolsrud Law Offices
