DUI Accident With Injuries in Arizona: Possible Charges

By Joe Styler, Editor, not an attorney · Sources checked October 24, 2026

A common misunderstanding after a DUI accident with injuries is that the case is still “just a DUI,” with a bigger fine. Arizona law does not work that way. The DUI statute stays in play, but a crash that seriously injures or kills someone opens the door to charges under the criminal code itself: aggravated assault, manslaughter or negligent homicide. Those are felonies, and they are charged and sentenced on their own terms.

Short answer: Arizona’s definition of “recklessly” includes a person who is unaware of a risk only because of voluntary intoxication (A.R.S. § 13-105(10)(c)). That definition is the bridge from a DUI to a felony. Recklessly causing serious physical injury can support aggravated assault, a class 3 felony under § 13-1204. Recklessly causing a death is manslaughter, a class 2 felony under § 13-1103. The court can also order restitution for the victim’s full economic loss.

Two clocks start at the arrest. The criminal case has court dates, and the license case at the MVD has its own short window to request a hearing, counted from the date on your notice. In a crash with serious injury, the MVD can suspend a license after a refusal even if the usual refusal report is late. Sending a form or making a call does not stop or pause any deadline.

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How the charges stack

A driver in an injury crash can face several charges at once. Here is how they fit together, from least to most serious.

The DUI charges themselves

The ordinary DUI counts under A.R.S. § 28-1381 (impaired to the slightest degree, 0.08 or more, or a drug metabolite) and, where the number supports it, extreme DUI under § 28-1382 are class 1 misdemeanors. If any aggravating factor from § 28-1383 applies, such as driving on a suspended license or a third DUI within 84 months, the DUI itself becomes a felony. Our page on aggravated DUI covers that list.

Causing serious injury by a moving violation

Arizona has a separate offense in § 28-672 for causing serious physical injury or death by certain moving violations, such as running a red light or failing to yield on a left turn. It is a class 1 misdemeanor. A conviction brings traffic survival school and a license suspension or restriction of 90 to 180 days when someone is seriously injured, or 180 days to a year when someone dies. Restitution under that section is capped at 100,000 dollars.

Aggravated assault

Assault includes recklessly causing physical injury to another person (§ 13-1203). It becomes aggravated assault under § 13-1204(A)(1) when it causes serious physical injury, or under (A)(2) when a dangerous instrument is used. Arizona defines a dangerous instrument as anything that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury (§ 13-105(12)). A moving vehicle can fit that definition. Either form is a class 3 felony, and a class 2 felony if the victim is under 15.

“Serious physical injury” has a specific meaning in § 13-105(39): injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb. Whether an injury meets that definition is a real question in these cases, and the medical records decide it.

When someone dies

Recklessly causing the death of another person is manslaughter under § 13-1103(A)(1), a class 2 felony. Causing a death with criminal negligence is negligent homicide under § 13-1102, a class 4 felony. The difference between the two is the mental state the state can prove, and voluntary intoxication is written into the reckless standard.

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Evidence rules that are different after a crash

Testing an injured driver. Under § 28-1321(C), a person who is unconscious or otherwise unable to refuse is treated as not having withdrawn consent, and the test may be given. The statute still reads that way, but in State v. Havatone (2017) the Arizona Supreme Court held it unconstitutional as applied to a warrantless blood draw from an unconscious driver where no exigent circumstances were shown. In practice, police need a warrant or case-specific exigent circumstances.
Hospital samples. If blood or another sample is taken for any reason, such as treatment, and an officer has probable cause for a DUI, a portion of the sample must be given to law enforcement on request under § 28-1388(E). Arizona courts allow police to use that sample without a warrant only when, among other conditions, medical staff drew it on their own decision for a medical reason, not at an officer’s request (State v. Nissley, 2017). Our page on DUI blood tests in Arizona explains this rule in detail.
Your own words. A statement by the defendant that they were driving a vehicle involved in an injury or fatal crash is admissible without separate proof of the crime under § 28-1388(G), if it is otherwise admissible. What you said at the scene or the hospital matters.
Refusal in a serious crash. The MVD normally needs a certified refusal report within 30 days of arrest. Under § 28-1321(D)(2)(a), that requirement does not stop a suspension when the violation resulted in death or serious physical injury.

Leaving the scene makes everything worse

Every driver in a crash that injures or kills someone must stop, remain, give information and render reasonable assistance under A.R.S. §§ 28-661 and 28-663. Leaving the scene is a felony on its own. When the crash caused death or serious physical injury, it is a class 3 felony, or a class 2 felony if the driver caused the crash. For other injuries it is a class 5 felony. Those charges are added to everything above.

Restitution and the civil claim

A criminal conviction comes with a restitution order for the victim’s full economic loss under A.R.S. § 13-603(C). That is separate from any civil lawsuit the injured person brings against the driver and the driver’s insurer. If you are the person who was hurt rather than the driver, our page on being hit by a drunk driver in Flagstaff is written for you.

What to do this week

Do not talk about the crash to investigators, insurers or on social media until you have a lawyer.
Find the MVD notice and write down the date on it. The hearing request window is counted from that date.
Write your own timeline now: where you had been, what you drank or took and when, the route, the moment of the crash, and what happened at the hospital.
List every witness and passenger you can remember.
Keep your vehicle and insurance paperwork together. Your insurer needs notice of the crash; let your lawyer handle what you say beyond the basic facts.
Find your court date. Felony cases are tried in Coconino County Superior Court; see the Flagstaff DUI court process.

Frequently asked questions

Is a DUI with injuries a felony in Arizona?

It can be. If someone suffers serious physical injury, the state can charge aggravated assault, a class 3 felony, because Arizona treats unawareness caused by voluntary intoxication as reckless. The DUI counts themselves stay misdemeanors unless an aggravating factor applies.

What is the charge if a DUI crash kills someone in Arizona?

Recklessly causing a death is manslaughter, a class 2 felony under A.R.S. 13-1103. Causing a death with criminal negligence is negligent homicide, a class 4 felony under A.R.S. 13-1102.

What counts as serious physical injury?

Under A.R.S. 13-105, it is an injury that creates a reasonable risk of death, or causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of a bodily organ or limb.

Can the hospital give my blood sample to police?

Yes, in some cases. If a sample was taken and an officer has probable cause for a DUI, A.R.S. 28-1388 requires that a portion be provided to law enforcement on request. Arizona courts allow that without a warrant only when medical staff drew the blood on their own decision for a medical reason, along with other conditions.

Will I have to pay the injured person?

A conviction brings a restitution order for the victim’s full economic loss under A.R.S. 13-603. The injured person can also bring a separate civil claim against the driver, which is where insurance comes in.

Does leaving the scene add another charge?

Yes. Under A.R.S. 28-661, leaving the scene of a crash that causes death or serious physical injury is a class 3 felony, or a class 2 felony if the driver caused the crash. Leaving after a crash with other injuries is a class 5 felony.

Related guides

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Felony charges after an injury crash move quickly. We’ll connect you with an independent licensed Arizona attorney who handles DUI and felony cases in Coconino County.

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Sources & Corrections

Primary sources checked for this page on October 24, 2026:

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Not legal advice. The Flagstaff Legal Resource Center is an independent referral service operated by Wilder West Assets LLC, not a law firm. This page explains general Arizona law to help you prepare to talk with a lawyer. Laws change, and how they apply depends on your facts. No attorney-client relationship is created by using this site. Verify any attorney’s credentials through the State Bar of Arizona.