Many Tucson drivers think of DUI checkpoints as something that only affects people who have been drinking. While stopping impaired motorists is the primary goal, these checkpoints also play a significant role in personal injury cases.
If a drunk driver slipped through a sobriety checkpoint and then caused a car accident that injured you, the circumstances surrounding that checkpoint could become relevant to your legal claim.
Knowing how these operations work in Tucson and what your rights are as an accident victim can put you in a better position. Continue reading for the information you need to know.
Are Sobriety Checkpoints Legal in Tucson, Arizona?
Yes. DUI checkpoints are lawful in Arizona. Courts in the state have upheld their constitutionality as long as law enforcement follows a set of strict procedures. The Tucson Police Department and the Arizona DUI Task Force both carry out these operations at various points throughout the year, with a heavier presence during holidays and large public events.
For a checkpoint to hold up legally, officers must meet several requirements:
- Vehicles must be stopped based on neutral criteria, such as pulling over every driver or every fourth driver.
- Proper lighting and clearly visible signage must be in place at the checkpoint site.
- A supervising officer must oversee the entire operation from start to finish.
- Each stop should remain brief unless the officer develops a reasonable suspicion of impairment.
When any of these steps are not followed, the legality of the checkpoint can be challenged. That failure could also carry weight in a personal injury case involving a driver who passed through the operation undetected.
What Should I Do if I’m Injured by a Drunk Driver in Tucson?
If you are injured in an accident caused by a drunk driver in Tucson, the steps you take afterward can affect your ability to recover compensation. It is important to document the accident and preserve evidence that may support your claim.
After the accident, you should:
- Call 911 to report the accident and tell the police if you suspect the other driver is impaired.
- Seek medical attention for your injuries, even if you do not have immediate symptoms.
- Take photos of the vehicles, accident scene, and visible injuries if you can do so safely.
- Get the names and contact information of anyone who witnessed the accident.
- Save medical records, bills, accident reports, and other related documents.
- Contact a personal injury lawyer who can investigate the crash and help you pursue compensation.
Taking these steps can help preserve evidence of the driver’s impairment and support your personal injury claim.
How Does Arizona’s Comparative Fault Law Affect My Car Accident Claim?
Arizona operates under a pure comparative fault system, outlined in ARS § 12-2505. What this means for injury victims is significant. You are still eligible to recover compensation after a drunk driving accident, even if you share some of the blame.
Your total damages would be reduced by whatever percentage of fault is assigned to you, but your case would not be dismissed entirely. This stands in sharp contrast to states that bar accident victims from recovering anything once their share of fault reaches a certain level. In Arizona, even a claimant found to be 99% at fault technically retains the right to seek partial recovery.
Contact AJ Law, PLC To Schedule a Free Consultation With a Tucson DUI Accident Attorney
DUI checkpoints in Tucson, AZ, serve as a deterrent, but they cannot stop every impaired driver from getting behind the wheel. If one of those drivers caused a wreck that left you with injuries, Arizona law may entitle you to financial compensation for your medical expenses and lost wages.
Call AJ Law, PLC today to schedule a free initial consultation with a Tucson DUI accident lawyer and get started with your case. At that time, you can receive some legal advice about what to do next and ask any questions you may have.
We proudly serve clients throughout the greater Phoenix area and communities across Arizona, with offices in Glendale, Bullhead City, and Tucson.
AJ Law, PLC – Phoenix 7201 N 7th St Suite B, Phoenix, AZ 85020 Open 24/7 (602) 671-2363
AJ Law, PLC – Glendale 5800 W Glenn Dr. Suite 130 Glendale, AZ 85301 Open 24/7 (602) 512-1280
AJ Law, PLC – Bullhead City 2580 AZ-95 #108, Bullhead City, AZ 86442 Open 24/7 (602) 507-9901
AJ Law, PLC – Tucson 300 N Main Ave #102, Tucson, AZ 85701 Open 24/7 (602) 512-1933
