Your Rights

As a DUI victim, you or your loved one is entitled to receive compensation for the following:

• Medical bills
• Lost wages
• Permanent injury
• Loss of companionship
• Pain and suffering
• Diminished quality of life

Multiple parties can be responsible for vehicle accidents involving alcohol.

1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant’s attorney, or other person acting on behalf of the defendant.
6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury.
9. To be heard at any proceeding when any post-conviction release from confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims’ rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
12. To be informed of victims’ constitutional rights.
    1. A victim’s exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
    2. “Victim” means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person’s spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.
    3. The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
    4. The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.

According to Arizona dram shop laws, any business that sells alcohol is liable for property damages, personal injury, or wrongful death if the jury finds:

• The licensee sold liquor to a purchaser who was obviously intoxicated.
• The purchaser consumed liquor sold by the licensee.
• The consumption of the liquor was the proximate cause of property damage, personal injury, or death.

A social host is any person or entity that hosts a social event, party, or gathering where alcohol is served or distributed on the premises. In Arizona, a social host is only held liable for the consequences of their guests’ drunk driving if:

• The social host is licensed to sell or provide alcohol.
• The driver was a minor and was sold or provided with alcohol at the social host’s event.

What about Marijuana and Drugs?

In 2014, Arizona courts decided that the presence of metabolite in a driver’s body is not enough to warrant a DUI. That being said, Arizona drivers are still unable to drive under the influence of recreational marijuana and are responsible for any consequences their driving may have caused.

Marijuana DUI testing involves:

• DUI investigation
• DUI questioning
• Field sobriety tests
• Portable breath tests
• Chemical testing

Drugs

Arizona has a zero-tolerance per se DUI law meaning it’s illegal to operate a motor vehicle with any detectable amount of drugs in one’s system.