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DUI Causing Serious Injury Defense Attorney in Phoenix

A DUI accident involving serious injuries can lead to felony charges in Arizona, but an injury alone does not prove the driver caused the crash or was impaired. Learn what charges may apply and how the evidence can be challenged.
Criminal Defense Attorney Chad Pajerski

Phoenix DUI Causing Serious Injury Defense Attorney

A DUI accident involving serious injuries can lead to more than a standard impaired driving charge. Depending on what happened, prosecutors may pursue additional charges such as aggravated assault or other serious felony offenses. However, an injury alone does not prove that a driver was impaired, caused the accident, or committed every alleged offense.

Attorney Chad Pajerski is a Board-Certified Criminal Law Specialist who personally represents clients facing serious criminal charges in Phoenix. His certification reflects extensive criminal defense experience, felony trial participation, and demonstrated legal knowledge. If you are facing charges after a DUI accident involving serious injuries, schedule a free consultation with Attorney Chad Pajerski to discuss your situation and learn about your legal options.

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What Charges Can Result From a DUI Accident Causing Serious Injury?

A driver involved in a DUI accident may face multiple charges if someone suffers a serious injury. The specific allegations depend on the evidence, the circumstances of the crash, and whether prosecutors believe the driver’s actions caused the injury.

Possible charges include:

  • DUI: Driving while impaired by alcohol or drugs.
  • Extreme DUI: Driving with a blood alcohol concentration high enough to qualify for a more serious DUI charge.
  • Aggravated assault: Causing a serious injury or using a vehicle in a way that prosecutors consider dangerous.
  • Endangerment: Acting recklessly and placing another person at serious risk.
  • Aggravated DUI: Driving under the influence when additional circumstances apply, such as a suspended license or certain prior DUI convictions.

A serious injury does not automatically turn a standard DUI into an aggravated DUI. However, prosecutors may pursue separate felony charges based on the driver’s alleged conduct and the injuries involved.

What Counts as a Serious Injury Under Arizona Law?

Not every injury from a DUI accident qualifies as a serious physical injury. Arizona law generally uses this term for injuries that:

  • Create a reasonable risk of death.
  • Cause serious and permanent disfigurement.
  • Seriously affect a person’s health.
  • Cause the loss or long-term impairment of a body part or organ.

Prosecutors may use medical records, treatment information, and expert opinions to support the allegation. Attorney Chad Pajerski can review this evidence and challenge whether the injury meets the legal standard required for the charge.

What Penalties Can Follow a DUI Accident Involving Serious Injury?

A DUI accident involving serious injury can result in both misdemeanor and felony charges. The possible penalties depend on the charges, the extent of the injuries, the driver’s history, and whether prosecutors allege that the vehicle was used as a dangerous instrument.

Potential consequences include:

  • Jail or prison time.
  • A permanent felony record.
  • Driver’s license suspension or revocation.
  • Fines, assessments, and restitution.
  • Required alcohol or drug treatment.
  • Ignition interlock requirements.
  • Employment or professional licensing problems.

Some charges may also limit whether probation is available. Because the possible outcome depends on several factors, each charge and sentencing allegation should be reviewed separately.

How Can a Defense Attorney Challenge a Serious-Injury DUI Case?

A serious injury does not automatically prove that a driver was impaired, caused the accident, or committed aggravated assault. Prosecutors must support each charge with evidence, and several parts of their case may be open to challenge.

Attorney Chad Pajerski may examine:

  • Blood or breath test results: Whether the test was reliable and handled correctly.
  • Police procedures: Whether officers followed the law during the investigation and evidence collection.
  • The cause of the accident: Whether another driver, road conditions, or a vehicle problem contributed to the crash.
  • The extent of the injury: Whether medical evidence supports the specific criminal charges.
  • The driver’s actions: Whether the evidence shows the level of conduct required for an aggravated assault or other felony charge.

As a Board-Certified Criminal Law Specialist, Attorney Chad Pajerski can review these issues and build a defense based on the facts of your case.

How a Board-Certified Attorney Can Help With a Serious-Injury DUI Case

A DUI accident involving serious injuries can raise questions about who caused the crash, whether the driver was impaired, and whether the injuries support additional criminal charges. Each issue can affect how prosecutors approach the case.

Attorney Chad Pajerski is a Board-Certified Criminal Law Specialist with experience handling serious felony matters. His background can help him evaluate:

  • The cause of the accident: Whether another driver, road conditions, or other factors contributed to the collision.
  • The evidence of impairment: Whether blood or breath test results are reliable and were obtained properly.
  • The extent of the injuries: Whether medical records support the prosecution’s claims.
  • Potential felony charges: Whether the facts justify aggravated assault or other serious allegations.
  • Possible defense strategies: Whether weaknesses in the evidence create opportunities to challenge the charges.

Attorney Chad Pajerski handles your case personally, giving you direct access to a board-certified attorney throughout the legal process.

What Should You Do After a DUI Accident Involving Serious Injury?

Your actions after an accident can affect both the investigation and your defense. If someone was seriously injured, take the situation seriously and avoid making assumptions about what happened or who was at fault.

  1. Remain at the scene: Follow Arizona’s legal requirements and provide any required information.
  2. Get medical help: Seek treatment for yourself or anyone else who needs immediate care.
  3. Be careful when speaking: Avoid discussing the accident in detail before speaking with an attorney.
  4. Preserve important evidence: Keep photographs, witness information, and documents related to the crash.
  5. Avoid social media: Do not post about the accident or share details online.
  6. Contact a criminal defense attorney: Speak with Attorney Chad Pajerski as soon as possible to understand your rights and legal options.

Early legal guidance can help protect your interests while the investigation is ongoing.

Frequently Asked Questions

Does a DUI Accident Involving Serious Injury Automatically Result in Felony Charges?

No. A serious injury may lead prosecutors to consider felony charges, such as aggravated assault, but they must present evidence supporting each allegation. The charges depend on the circumstances of the accident and the driver’s actions.

Can I Be Charged With Aggravated Assault if I Did Not Intend to Hurt Anyone?

Yes. Prosecutors may pursue aggravated assault charges based on reckless conduct, even when a driver did not intend to cause an injury. However, they must prove that the evidence supports the specific charge.

What if the Other Driver Caused the Accident?

Another driver’s actions may be important to your defense. Attorney Chad Pajerski can review crash reports, witness statements, and other evidence to determine whether someone else caused or contributed to the accident.

Can Blood or Breath Test Results Be Challenged?

Yes. Testing equipment, sample handling, and police procedures can affect whether the results are reliable or admissible. An attorney can examine how the evidence was collected and whether any problems may support your defense.

Should I Speak With Investigators Before Contacting an Attorney?

You may need to provide certain information after an accident, but you can seek legal advice before answering detailed questions. Speaking with an attorney first can help you understand your rights and avoid statements that may be misunderstood.

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Take comfort in knowing that you will never be price gouged for our high standards of service.

Schedule a Free Consultation With Attorney Chad Pajerski

A DUI accident involving serious injuries can lead to felony charges, license consequences, and concerns about your future. However, the outcome depends on the evidence, the circumstances of the crash, and whether prosecutors can support their allegations.

Attorney Chad Pajerski is a Board-Certified Criminal Law Specialist who personally represents clients facing serious criminal charges in Phoenix. He can review your case, explain your legal options, and help you understand what to expect.

If you are under investigation or facing charges after an injury-related DUI accident, schedule a free consultation with Attorney Chad Pajerski to discuss your situation and protect your rights.

Criminal Defense Attorney Chad Pajerski
Board Certified Specialist in Criminal Law

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The information you obtain at this site is not, nor is it intended to be, legal advice. Pajerski Law's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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