Blood Alcohol Concentration and Vehicle Assault Cases

Posted by Raymond Kimble | Apr 22, 2016 | 0 Comments

Aggravated Assault with a Vehicle

In Arizona, a person can be arrested and charged with Aggravated Assault if they are involved in a motor vehicle accident while they are impaired by alcohol which results in injuries to another person.  Aggravated Assault with a motor vehicle in Arizona is usually classified as a class 3 dangerous felony.  A conviction for this offense carries a mandatory penalty of 5 to 15 years in prison.  

In  cases of DUI, Extreme DUI or Super Extreme DUI  a prosecutor need only prove that a defendant's alcohol concentration was above the relevant legal limit (DUI .08, Extreme DUI .15, Super Extreme DUI .20) within two hours of driving or being in actual physical control of a motor vehicle. However, Aggravated Assault involving a motor vehicle requires a prosecutor to show that a driver was impaired at the time of the accident resulting in injury.  

Obviously, police don't usually draw blood from a suspect immediately upon arriving at an accident scene.  Instead, a delay between the accident, police arrival at the scene and a blood or breath test is caused by the need to treat people who are injured, interview witnesses and conduct an investigation.  In many aggravated assault cases involving car accidents, blood samples and breathalyzer tests are not obtained by police until one and a half hours or more has passed.  This passage of time between an accident and blood or breath test gives rise to a potential defense to an aggravated assault by auto charge.

Again, the key to a prosecutor's case in these cases is proving that impairment by alcohol caused the accident and injuries.  Although the investigating officers' observations about a suspect's demeanor and field tests which may have been administered are important evidence, the strongest proof a prosecutor can have in his arsenal are the results of blood or breath tests.  To combat this evidence, a defendant in an aggravated assault by auto case must argue that his alcohol concentration actually increased between the accident and the time a blood or breath test was administered.  Generally a standard alcoholic drink will be absorbed into a person's system within about one hour.  Consequently, if a person consumed alcohol during a period just prior to a motor vehicle accident, it is extremely likely that his alcohol concentration was lower when the accident occurred than when police drew his blood.  A toxicologist is  an essential defense witness to explain this concept to a jury.  Factors which must be taken into account when attempting to calculate a person's alcohol concentration at the time of an accident include:

  1. an individuals weight  
  2. whether there was food in their system
  3. the type of drinks they consumed
  4. the time frame between their last drink and the blood or breath test

If you, a family member or loved one has been charged with aggravated assault by auto, DUI or any other criminal offense in Arizona you are well advised to immediately contact an experienced DUI or criminal defense lawyer who regularly represents people charged with these types of offenses.  Attorney Raymond Kimble has represented people charged with DUI and other crimes, including aggravated assault in Tempe, Mesa, Chandler Phoenix, Scottsdale and other cities throughout Maricopa and Pinal Counties during the last twenty years and has achieved tremendous results for his clients.  Ray Kimble can be reached directly for a free consultation at (480) 833-8613 or by visiting his website  

(480) 833-8613 for a Free Consultation

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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