DUI Suspect’s Truck Crashes into Occupied Phoenix Apartment

A sleeping family in Phoenix were jarred awake at 5 a.m. on a Saturday in early May 2023 by a sound like an explosion – a pickup truck had crashed head-first into their apartment building smashing the concrete block wall of their bedroom and stopping just inches away from their bed.

News accounts reported that broken glass and concrete from the crash landed in a crib, but the family’s baby daughter was not in the crib at the time of the impact.

The family was reportedly provided with another apartment in the complex, and a go fund me account is active.



The news report also stated that the truck’s unidentified driver was arrested at the scene on suspicion of driving while impaired. And I add, causing property damage offense which is a criminal offense and also handled in civil court for damages. He was booked and released. The news report stated that the driver had asked if everyone in the apartment was OK.
What charges the driver faces depends upon the level of impairment alleged. Most DUI charges are Class 1 misdemeanors; and if the charge is with within seven years of two previous DUI conviction, the charge can be increased to a felony.

All drivers must be regarded as innocent until the resolution of the case is reached and proof of impairment was found beyond a reasonable doubt. Perhaps the truck had a mechanical failure?

Punishments if convicted of a misdemeanor DUI

A first-time class 1 misdemeanor DUI conviction requires spending time in county jail up to a maximum of six months and a minimum of 10 days. However, the time in custody can be as short as one day, with the other nine days suspended.



The license to drive is suspended for 30 days, followed by a restricted license for traveling to work or school for 60 days before the license can be reinstated at the defendant’s expense. However, under new law it is possible to immediately obtain a restricted license with installation of the interlock, completion of alcohol screening, and SR22.
A DUI conviction has serious consequences, including expensive fines, and increased auto insurance rates. Fines total up to $1,500, and the court orders installing an interlocking ignition device at your own expense to prevent driving if you have had anything to drink. The court also will order you to complete an alcohol screening, education, and treatment program at your expense.



A license suspension of vehicle impoundment requires life-changing alternative arrangements for getting to work, school, the grocery store, doctor appointments, and other places.
In a larger context, vehicle impoundment serves as a deterrent for repeat DUI offenders, but some still drive illegally. Impounding vehicles decreases repeat DUI offenders by “an estimated 38 percent and DUI crashes by about 4 percent,” stated an Arizona Department of Public Safety report.

Besides impoundment, a second DUI is punishable by mandatory jail of 90, 120 or 180 days, installing an ignition interlock device, and revocation of the driver’s license for one year.

Other reasons authorities can impound vehicles

A vehicle in Arizona can be legally impounded or immobilized by any of these situations: The driver…

• was driving on a suspended or revoked license for any reason.
   
• did not have a valid license or permit to drive.
   
• has been arrested for aggravated or extreme DUI.
   
• is younger than 21 and any amount of alcohol was detected.
   
• had an ignition interlock device that wasn’t certified.
   
• was knowingly or recklessly transporting an illegal immigrant.
   
• concealed, harbored, or shielded an illegal immigrant from detection to illegally enter and remain in the United States.
   

Impoundment exceptions

In crashes involving a DUI, impoundment may become a factor. The vehicle does not have to be impounded when its registration and insurance are current and if the driver has a base blood-alcohol concentration (BAC) of at least 0.08 percent but less than the extreme 0.15 BAC without any other factors.

If the arrested person’s spouse is a passenger in the vehicle, the officer may release the vehicle to the spouse if the officer believes the spouse has a valid Arizona driver’s license and is not impaired by alcohol, drugs, or vaper and if younger than 21 does not have any alcohol in the body and promises to drive the vehicle home and does so.

DUI Defenses

Arizona allows several defenses to DUI charges. These are common DUI Defenses:
 

• Police did not have a legal right to detain you
   
• Authorities made errors during the field sobriety test
   
• Breathalyzer and blood test results can be flawed
   
• How quickly a person can process alcohol
   
• Police did not have the legal right to search you or your vehicle
   
• Police did not advise you of your right to remain silent and have a defense attorney present during questioning
   
• Errors were made on the police report

 

Aaron M. Black Law for DUI defense

Should you or someone you care for be charged or are under investigation for a DUI, it is imperative that you have an experienced DUI defense attorney such as myself to defend you at the earliest possible time.

In my long career as a DUI defense attorney, I know that good people can find themselves in legal trouble. That is why I work hard to ensure they have the best defense possible. My goal is always to get the charge dismissed. If the police have a strong case, I will, with your permission, negotiate a plea agreement for a lesser charge, such as reckless driving.
Aaron M. Black Law provides personalized legal services. You will always be talking directly to me at every stage of your Scottsdale DUI case.

Call Now: Begin your DUI defense immediately by calling 480-729-1683 at any time on any day, and I will respond promptly unless I am in court or at trial. Or use the online contact form on my website.

I defend DUI cases in courts throughout Arizona, including Phoenix, Scottsdale, and Maricopa, Pinal, Yavapai, and Coconino County courts.