ARS 28-1383 (A)(5) Property Damage / Vehicle Accident / Caused Injury

ARS 28-1383 (A)(5) is an Arizona law for cases where drunk driving causes an accident that damages property or hurts someone.



This page will discuss all you need to know about being charged with ARS 28-1383 (A)(5) in Arizona, including a breakdown of the Penalties, Fees, and DUI defenses to help get your charges reduced or even dismissed!


Continue reading below. If you have any questions, contact DUI attorney Arja Shah today.


Take Action & Save Your Driving Privileges!


Free Lawyer Consultation – Call Now

Arizona DUI Defense From The Shah Law Firm

Being charged under ARS 28-1383 (A)(5) can be frightening. 

In this article, we will delve into several topics related to this statute:

Keep in mind getting accused doesn’t mean you’re found guilty. A good lawyer can help defend you, question the proof against you, and guide you through the legal process.

The Shah Law Firm’s experienced DUI defense attorneys are here to help you.




What Does ARS 28-1383 (A)(5) of the Arizona Revised Statutes Encompass?

ARS 28-1383 (A)(5) of the Arizona Revised Statutes is specifically tailored to cover incidents of aggravated driving or actual physical control while under the influence that leads to an accident causing property damage or injury.

Let’s imagine, for instance, that John had been enjoying a night out with friends at a local bar. As the night wore on, he had a few more drinks than he’d initially intended. When it was time to leave, John, feeling confident, decided to drive home himself despite his friends’ objections.

On the way home, impaired by the alcohol, John’s car veered off its path and crashed into a neighboring house’s fence, damaging it considerably. The loud crash woke the homeowners, who promptly called the police.

The responding officers noticed signs of intoxication, and a subsequent breathalyzer test confirmed that John’s blood alcohol concentration (BAC) was above the legal limit.

John would likely be charged under ARS 28-1383 (A)(5) in this hypothetical scenario.

Not only was he driving under the influence, but his intoxicated driving led to an accident causing property damage— the homeowner’s fence.

His choice to drive while intoxicated escalated from a personal risk to causing tangible damage to someone else’s property, a situation that this particular Arizona statute is designed to address.

What Constitutes as Property Damage Under ARS 28-1383 (A)(5)?

Property damage in ARS 28-1383 (A)(5) isn’t limited to what you might first imagine—another car’s dented bumper or a smashed mailbox.

The law considers any tangible property subject to the impact of a DUI incident. 

That includes, but is not limited to, the following:

  • Vehicles
  • Buildings
  • Road infrastructure
  • Personal belongings
  • Landscaping

The extent of damage can range from minor, like a scratched paint job, to severe, such as the destruction of a vehicle or building.

The fact that the law covers such a wide range of potential damages demonstrates the severity with which Arizona views DUI offenses.

It’s a stark reminder of the potential financial ramifications a driver could face on top of criminal charges.

How is a Vehicle Accident Defined Under Arizona Law, Specifically with ARS 28-1383 (A)(5)?

While you might think of a multi-car collision when you hear the term ‘vehicle accident’ under Arizona law, the definition is broader.

In ARS 28-1383 (A)(5), a vehicle accident can refer to any incident involving a motor vehicle that results in property damage or injury.

That means a single-car incident, like crashing into a fence or storefront, qualifies just as much as a multi-car pile-up on the freeway.

The statute focuses less on the number of vehicles involved and more on the accident’s impact—specifically, if there was property damage or injury due to the incident.

A vehicle accident under this law means an incident that had consequences beyond simply a mishap on the road. 

What Does ‘Causing Injury’ Mean in the Context of ARS 28-1383 (A)(5)?

ARS 28-1383 (A)(5) refers to “causing serious physical injury to another person.”

But what does that mean?

In Arizona law, “serious physical injury” is “physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.”

That means any injury significantly impacting the victim’s short- or long-term life.

Individuals convicted of a DUI that involves property damage will, first and foremost, face the basic consequences associated with DUI offenses.

In certain situations, extra penalties may be added if the driver has also broken another law.



To illustrate, if a person is found to have violated the hit-and-run law under ARS 28-662, they may receive a Class 2 misdemeanor conviction, with possible repercussions being:

  • Up to 4 months of incarceration (as opposed to imprisonment in a state penitentiary)
  • And/or a fine reaching up to $750.50



Fixture Damage

If a driver is convicted of damaging fixtures (under ARS 28-665), it is treated as a Class 1 misdemeanor.

The penalties can include the following:

  • Jail time of up to 6 months
  • And/or a fine that could reach as high as $2,500



Aggravated DUI

When a person is accused of aggravated DUI as per ARS 28-1383, they could be looking at a felony charge, with potential penalties like:

  • A minimum of 4 months in prison
  • Fines amounting to $4,000
  • Suspension of driver’s license for a minimum of 1 year



Extreme DUI

Lastly, if a driver is accused under ARS 28-1382 of extreme DUI, this may result in a Class 1 misdemeanor charge that includes penalties such as:

  • 30 days in jail
  • Suspension of license for 90 days
  • Fines around the ballpark of $2,500

Top 5 FAQs About ARS 28-1383 (A)(5)

Below are the most common questions when a person has been arrested and charged with a DUI causing property damage or physical injury.

If the property damage was minor, will I still be charged under ARS 28-1383 (A)(5)?

Yes, the severity of the property damage doesn’t necessarily impact the charge. The statute is concerned with the act of causing property damage while driving under the influence, not the degree of the damage.

Can I refuse a breathalyzer test if I'm pulled over for suspicion of DUI?

While technically you can refuse a breathalyzer test, doing so could lead to automatic suspension of your driver’s license under Arizona’s implied consent laws. It’s important to consult with an attorney before making this decision.

If I'm convicted under ARS 28-1383 (A)(5), will I have a criminal record?

Yes, a conviction under ARS 28-1383 (A)(5) would result in a felony record, which can have long-term impacts on various aspects of your life, including employment and housing opportunities.

What if the accident wasn't my fault?

Even if the accident wasn’t your fault, if you were driving under the influence at the time, you could still be charged under ARS 28-1383 (A)(5). An experienced DUI attorney can help build a defense strategy in such cases.

Can ARS 28-1383 (A)(5) charges be reduced or dismissed?

It depends on the specifics of your case. Factors such as your prior convictions, the evidence against you, and the circumstances of the incident can affect this. A skilled DUI attorney can analyze your situation and help fight for a reduction or dismissal of charges.

Have Additional Questions? Give Us a Call.

Setup Your Free Attorney Consultation

To get started, fill out this form below to schedule a free consultation, or give us a call directly at (602) 737-3797 to speak with an attorney.

Get Started With a Free Attorney Consultation

Experienced DUI Defense Ready to Fight For You!

Our Office Locations

Our offices are located in the heart of Downtown Phoenix, within walking distance of the Courts and in North Scottsdale. Schedule a Free Consultation by Phone or Video today!