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Arizona statute

A.R.S. § 28-661 — Accidents involving death or physical injuries; autonomous vehicles; neighborhood occupantless electric vehicles; failure to stop; violation; classification; driver license revocation; restricted privilege to drive; alcohol or other drug screening

Current through 57th Legislature, 1st Regular Session (2025)

Part of Article 4: Accidents, Arizona Revised Statutes.

Criminal charges under this statute

Full text of A.R.S. § 28-661

Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.

A.R.S. § 28-661Primary source, current through the 57th Legislature, 1st Regular Session (2025)
A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall: 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene. 2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663. B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle stops at the scene of the accident or as close to the accident scene as possible and remains stopped at that location until the requirements of section 28-663 have been satisfied. C. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony. D. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 5 felony. E. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident. F. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section as follows: 1. For an accident resulting in serious physical injury, five years, not including any time that the person is incarcerated. 2. For an accident resulting in death, ten years, not including any time that the person is incarcerated. G. Five or more years after the revocation period has begun pursuant to subsection F, paragraph 2 of this section, not including any time that the person is incarcerated, a person may apply to the department for a restricted privilege to drive. The department may issue a restricted privilege to drive as described in section 28-144 if the department finds both of the following: 1. The person is not convicted of any offense involving the operation of a motor vehicle while the person's driving privilege is revoked. 2. The person has paid full restitution as ordered by the court. H. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection D of this section for three years. I. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.

Official sources

Legal terms used in this section

Questions this section answers

Is accidents involving death or physical injuries a felony or a misdemeanor in Arizona?

It depends on the circumstances: accidents involving death or physical injuries ranges from a Class 5 Felony to a Class 2 Felony in Arizona under A.R.S. § 28-661.

Failure to stop — accident resulting in death or serious physical injury, not caused by driver: Class 3 Felony (A.R.S. § 28-661C) · Failure to stop — accident resulting in death or serious physical injury, caused by driver: Class 2 Felony (A.R.S. § 28-661C) · Failure to stop — accident resulting in other injury: Class 5 Felony (A.R.S. § 28-661D)

Which Arizona statute covers accidents involving death or physical injuries?

Accidents involving death or physical injuries is governed by A.R.S. § 28-661 (Accidents involving death or physical injuries; autonomous vehicles; neighborhood occupantless electric vehicles; failure to stop; violation; classification; driver license revocation; restricted privilege to drive; alcohol or other drug screening).

This reference is informational and is not legal advice.