Even though penalties for drinking and driving continue to get more severe in Arizona, some drivers still aren't getting it.
Maybe it's because they believe they won't get caught, which may be true. According to statistics, drivers charged with a first-time DUI offense have driven drunk an average of 87 times before finally getting caught. Or maybe it's because they think they can "handle" their liquor and don't know when enough is enough.
This may have been the case for 34-year-old Phoenix resident Randi-Lee Brandfass who was charged with drunk driving after getting into an accident in late May in Scottsdale. Brandfass hit another vehicle on Shea Boulevard before running into a traffic sign in the center median of the busy street. Luckily, neither the driver nor passenger in the other car suffered serious injuries.
In addition to DUI, Brandfass also was charged with driving on a suspended license, speeding, reckless driving and failing to control her vehicle to avoid a collision.
Drunk Driving Accounts for One-Third of All Accidents
Whatever the reason Brandfass decided to get behind the wheel of her car after drinking, she is very fortunate that the result of her actions were not worse. In too many cases, the victims of drunk driving accidents suffer severe or life-ending injuries.
In 2008, 324 people were killed in drunk driving accidents in Arizona. Another 4,733 were injured. Nationally, drunk drivers are responsible for one-third of all motor vehicle accidents. However, in Arizona the number is even higher: alcohol is a contributing factor in nearly 35% of all accidents.
Criminal and Civil Penalties for Drunk Drivers
Under Arizona law, those facing their first DUI charge may be sentenced to six to 10 months in jail and ordered to pay fines in excess of $750.00. They also may have their driver's license suspended for 90 days. The penalties significantly increase for each subsequent offense and in cases where the driver had a high amount of alcohol in his or her blood at the time of arrest.
While many are aware of the criminal and administrative penalties for drunk driving, those convicted of a DUI often fail to consider the possibility that a civil claim also may be brought against them by those they harmed. This includes not only the driver and any passengers in another vehicle, but also any passengers in the drunk driver's car.
If the accident resulted in death, then the family of the deceased person may bring a wrongful death claim against the drunk driver.
In civil cases, the drunk driver may be ordered to pay medical expenses, lost wages, property replacement or repair costs and other compensatory damages to the injured party. The court also may award punitive damages against the driver to punish him or her for their reckless behavior.
If you have been involved in an accident caused by a drunk driver, contact a personal injury attorney experienced in handling these cases today. Whether it was a one-time lapse in judgment or repeat behavior, those who decide to drive after drinking should be held responsible for their actions.
