Leaving the Scene of an Accident Involving Death or Physical Injury in Arizona: ARS 28-661 click for a free consultation

Posted on May 21, 2025 in Arizona Revised Statutes,Vehicular Crimes

Leaving the scene of an accident before you have met certain duties is a crime in Arizona that qualifies as a “hit and run” accident. In the case where death or physical injury occurs, you can be charged with a felony ranging from class 5 to class 2 under Arizona Revised Statute (ARS) 28-661.

In this article, we examine ARS 28-661 and your duties when you are involved in an accident that results in death or physical injury, the penalties for a hit-and-run charge, and how you can defend yourself if you are accused of leaving the scene of an accident.

If you have been charged with leaving the scene of an accident where death or physical injury occurred, please call AZ Defenders at (480) 456-6400 immediately to get premium legal defense.

ARS 28-661: Accidents Involving Death or Bodily Injury

This law requires you to do two things after a motor vehicle accident:

1. Immediately stop at the accident scene, or as close as possible without unduly obstructing traffic.
2. Remain at the scene of the accident until you have:
   • Provided your name, address, and vehicle registration number to the other party involved in the accident.
   • If asked for it, show your driver’s license to the other person or people involved in the accident.
   • Render reasonable assistance to anyone who was injured at the accident.

Penalties for Hit-And-Run Accidents Involving Death or Physical Injury in Arizona

Under ARS 28-661, if you improperly leave the scene of an accident involving death or serious physical injury (which is defined as, “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”), this is a class 3 felony unless you caused the accident, in which case it is a class 2 felony.

If in a nonfatal accident the injury is non-serious, as set forth above, then charge under ARS 28-661 is a class 5 felony.

The table below shows the prison sentences (for first offenses) and fines possible under ARS 28-661:

In addition, if the accident results in death, then your license will be revoked for 10 years. 

After five years, if you have not been convicted of any other offense involving operation of a motor vehicle and you have paid full restitution as ordered by the court, you can apply for a restricted driving privilege.

• If the accident resulted in serious physical injury, your license will be revoked for five years.
• If the accident involved a non-serious injury, the revocation period is three years.
• The period of revocation does not include time spent incarcerated.

Also, if the court finds by a preponderance of the evidence that you are driving under the influence of alcohol (DUI) or a proscribed drug, you will be required to complete alcohol or drug screening.

Additional Consequences for a Hit and Run Conviction in Arizona

Jail or prison time and fines are the allegorical “tip of the iceberg” when it comes to assessing the price you can pay for leaving the scene of an accident. 

Here are some additional ways you can be penalized:

• Probation for up to seven years
• Restitution to the victim for any and all economic loss, I.e., medical bills, lost wages, etc.
• Having points added to your Arizona driver’s license
• Suspension or revocation of your driver’s license
• Having to attend Traffic Survival School
• Having to undergo drug and alcohol screening
• Having to pay increased auto insurance premiums
• Having a felony conviction on your criminal record
• Trouble finding work, or a place to rent
• Possible loss of rights like possessing a firearm and voting
• Possible loss of any Arizona professional license you may have

What Common Defenses Are Available to a Hit and Run Charge in Arizona?

Because your legal obligations in the aftermath of a car accident in Arizona are fairly straightforward, the defenses to a hit and run charge often tend to be technical, relying on defeating one or more elements of the crime by casting reasonable doubt on the prosecution’s case.

• One defense could be to show that no one was killed or seriously injured in the accident.
• That you complied with the requirements of ARS 28-663.

Have You been Charged with Hit and Run in Arizona?

If you are charged with leaving the scene of an accident in Arizona, you could face severe legal consequences. 

You could be looking at a Class 2 or Class 3 felony charge if anyone is seriously injured or dies, or a Class 5 felony offense if you fail to provide reasonable assistance in a non-”serious physical injury” but minor injuries nonetheless situation.

A felony conviction on your criminal record can significantly impact your life for years, even if you have completed your jail time, paid your fines, and paid the victim restitution. 

This is why you need a top-rated Arizona criminal defense attorney from AZ Defenders on your side.

Our board-certified criminal law specialist attorneys thoroughly investigate the facts of each case, gather all the evidence you will need to present a strong defense strategy, and will stand between you and the prosecution throughout the entire process.

To find out how we can help you, call us at (480) 456-6400 or use our online contact form to speak with an experienced hit-and-run defense lawyer and set up a free consultation.