DUI Criminal Damage

DUI Criminal Damage Attorneys in Tucson, Arizona

When we think of a car being damaged in an accident, we think of it as being a money issue for the insurance companies of the drivers to resolve. However, under Arizona law, if you are charged with DUI and you have damaged someone else’s property – a car, a guard rail, a house – you can be charged with felony criminal damage.

Pursuant to A.R.S. §13-1602, a person commits criminal damage by recklessly damaging the property of another person. Recklessly, under Arizona statute §13-105(10)(c), means: "with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such as risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.” So, if you are found to have recklessly damaged another person’s car in a DUI accident, you can be charged with a felony.

How serious a felony you are charged with depends on the amount of damage that you caused. Pursuant to A.R.S. §13-1602:

If you cause $10,000.00 or more worth of damage it is a class four felony.

If you cause $2,000.00 to $9,999.99 worth of damage it is a class five felony.

If you cause $1,000.00 to $1,999.00 it is a class six felony.

Less than $1,000.00 worth of damage is a class one misdemeanor.

While there is no mandatory prison time if you are convicted of felony criminal damage, having a felony on your record can impact your custody rights with your children, whether you can obtain some types of employment, whether you can possess a firearm, and many other aspects of your daily life.

Call our experienced Criminal Damage lawyers in Tucson, AZ right away to let us fight to get you the best result possible when you face these serious charges. Call Nesci & St. Louis at (520) 999-2441 or contact us online to schedule your free initial consultation.