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What Happens After Someone is Arrested for a DUI in Arizona?
The criminal justice system in Arizona is strict on DUI offenders, and the penalties for DUI offenses are stiff. Offenders are subjected to criminal charges if the DUI involves bodily injury or death of the victim. While it may be a relief to know that the offender will be penalized for their crime, that may not help the victim’s justice.
So, the victim may also pursue a civil lawsuit to demand compensation for their injuries and other damages suffered due to the accident. If you’re a car accident victim, you may be facing hefty hospital bills and enduring a lot of pain and suffering. Consult skilled personal injury lawyers in Arizona on how to proceed.
What Is the Criminal Process for DUI Offenses?
The justice system is divided into two segments: criminal and civil courts. Criminal courts prosecute people accused of committing crimes against society, such as killing someone in an accident due to drunk driving. The state files the criminal charges against the offender
If the accused is found guilty, they are subjected to penalties that make them repay their debt to society. Phoenix drunk driving accident lawyers outline the following as the penalties for a DUI conviction in Arizona:
- Jail time
- Fines
- Possible community service
- Ignition interlock device installation
- Driver’s license suspension
The penalties become heftier as the charges become compounded. For example, a first-time offender may be incarcerated for a shorter period than a second or subsequent offender. The penalties are also more severe if the crime involves bodily injury or death.
What Is the Civil Lawsuit Process for DUI Offenses?
The civil law system is in charge of helping DUI victims seek financial compensation from the at-fault party. As a victim of a DUI accident, you must prove that the defendant was negligent, causing your injuries, and they should compensate you for the damages.
Proving negligence and liability is often complex, so you should engage the services of experienced and knowledgeable Phoenix drunk driving accident attorneys to help your case. If you successfully prove your case, you can recover a financial settlement in the form of damages from the defendant.
What If the Offender is Already in Jail?
You can file a lawsuit at any time, regardless of the ruling by the criminal court. The criminal court can find the defendant guilty or not guilty, but that doesn’t form the basis of your civil lawsuit. However, you must file your claim within the statute of limitations to avoid your case being dismissed.
Suing an offender who has already been criminally jailed for a DUI offense can be challenging, although the process is like any other. Skilled drunk driving accident attorneys in Phoenix can help you file a civil claim and navigate the challenges associated with the situation.
For example, an incarcerated person can’t just attend court during the trial. They must get clearance from the authorities, which entails appealing to the facility that holds them. The appeal can be denied or delayed, taking a toll on your case.
Potential Challenges of Suing a Person in Jail
Locating an inmate when filing a lawsuit against them can be hectic. Prisoners are often moved from one facility to another, and they can be challenging to find. Even if you know where they are at the first instance, it could be a while before the authorities give a release order for them to appear in court. In the meantime, the defendant could be moved to another facility.
If there’s a reshuffle to a different facility, your drunk driving accident lawyers in Arizona must start the process all over again to request the defendant to be allowed to appear in court. The process can be time-consuming and frustrating, but your lawyers can support you.
The other potential challenge is the lack of financial resources by the defendant. After being locked up, they probably don’t have any means of making money. Even if you win the lawsuit, the defendant may not have anything to pay you with, as their financial prospects may be slim. However, if their insurance company is involved, your lawyers may help you pursue compensation.
To Sue or Not to Sue An Incarcerated Defendant?
Before filing a DUI lawsuit against a driver who was criminally jailed for the offense, consult intensively with your Phoenix drunk driving accident attorneys. They can assess the situation and help you determine how easy or hard it may be to locate the defendant. They may also investigate the defendant’s finances to decide whether or not it’s worth filing a lawsuit against them.
It’s also essential to evaluate if other parties could be liable for your injuries. For example, did a third party’s negligence contribute to the accident? Potential third parties that could be liable for the accident are manufacturers of the vehicle or its parts if you establish there was a mechanical failure.
Exploring all the possible options can enable you to pursue civil justice for the damages you suffered due to another person’s fault. That’s why you should work with personal injury lawyers who understand how the system works and who won’t relent until you get the justice you deserve.
An Experienced Personal Injury Attorney Helping You Pursue Compensation After a DUI Accident
Pursuing legal action against a driver who has been jailed for a DUI crime can be complex and time-consuming. Your chances of recovering compensation are slim if you can’t locate the defendant or the facility holding them denies their appeal to appear in court. Aggressive Phoenix drunk driving accident lawyers can work with you and help you fight for justice.
The Desert Star Law Group has knowledgeable drunk driving accident attorneys who can investigate your case. We can collect the evidence necessary to help you pursue the compensation you deserve. Let us fight for you as you focus on healing and recovery. Call us at (602) 584-8957 to schedule a FREE consultation.
