Every year, Arizona roads see thousands of crashes tied to drivers who were not paying attention or who got behind the wheel after drinking. Both distracted driving and drunk driving take lives, yet the two behaviors are treated very differently under Arizona law. If you were hurt by a driver who was texting, scrolling, or otherwise distracted, you may wonder whether that driver faces the same consequences as someone who was drunk.
How Arizona Defines Distracted Driving
Arizona’s hands-free law, Arizona Revised Statutes Section 28-914, makes it illegal to hold or manually use a phone or similar device while driving. This includes texting, emailing, and scrolling through apps, unless the device is used hands-free. Voice-activated systems, Bluetooth, and navigation-mounted devices are still allowed, as is reaching for a phone to report an emergency. A first violation is a civil traffic offense that carries a fine between $75 and $149. A second or later violation raises the fine to between $150 and $250.
Unlike many traffic violations, a standard distracted driving ticket does not carry jail time or an automatic license suspension. Distracted driving still accounts for a large share of crashes reported across the state each year, which is part of why lawmakers made the hands-free rule statewide rather than leaving it to individual cities.
How Arizona Defines Drunk Driving
Driving under the influence falls under a different part of the law entirely. Arizona Revised Statutes Section 28-1381 makes it a criminal offense, typically charged as a class 1 misdemeanor, to drive with a blood alcohol concentration of 0.08 percent or higher or while impaired to any degree. Even a first DUI conviction carries mandatory minimum jail time, fines that start around $1,250, a license suspension, and a required ignition interlock device. Higher blood alcohol levels or repeat offenses increase every one of these penalties.
The Legal Difference, and Where It Narrows
On paper, distracted driving is a civil infraction while drunk driving is a criminal offense, so the two are not treated the same. That gap narrows quickly once a crash causes serious injury or death. A distracted driver involved in a fatal or seriously injurious collision can face criminal charges, such as reckless driving or negligent homicide, in addition to the original traffic citation.
A drunk driver involved in a similar crash can face aggravated DUI charges that carry felony penalties. In both situations, the driver’s violation of a safety statute can also serve as evidence of negligence in a civil injury claim, regardless of whether criminal charges are ever filed.
What This Means for Accident Victims
If you were injured by a driver who was texting or otherwise distracted, you do not need to wait for a criminal case to pursue compensation. A citation under the distracted driving law, or evidence that the other driver was using a phone at the time of the crash, such as phone records or witness statements, can help establish fault in a civil claim for your medical bills, lost income, and other losses.
The same is true when the at-fault driver was drinking. Arizona’s civil injury claims run on a separate track from any criminal case, and the outcome of one does not decide the other. That means you can still pursue a claim even if the other driver is never cited or convicted.
How Ruhmann Law Firm Can Help
At Ruhmann Law Firm, we represent people injured by distracted and drunk drivers throughout Arizona, including Phoenix and Tucson. Attorney Charles Ruhmann is licensed to practice in Arizona, Texas, and New Mexico, and our firm was built on the idea that people deserve a voice for justice when an insurance company tries to minimize a claim.
We investigate the facts of each crash, including whether the other driver was distracted, impaired, or otherwise negligent, and work to hold that driver accountable. We do not make promises about a settlement amount before we understand what happened. If a distracted or drunk driver hurts you or someone you love in Arizona, contact our office for a free consultation to discuss your case.