It’s Halloween in Arizona. We are reminding pedestrians to be careful. As the fun and celebration begin, so does the risk of drunk driving accidents. Here go the partygoers and trick-or-treaters, walking on dimly-lit sidewalks and corners of the streets. Yes, Halloween is often associated with dark themes of horror and haunting, but it was originally meant for festivities. Danger shouldn’t be part of the equation, but sadly, it has become a reality. 

Drunk Driving Accidents during Halloween

It only takes a split second. A car appears out of nowhere, with an impaired driver who failed to notice the passerby decked in a dark costume. This kind of scene plays out more often than you might think. It has become one of the most dangerous nights of the year for pedestrians, especially when impaired driving enters the mix.

According to the latest report issued by the National Highway Traffic Safety Administration, a lot of alcohol-related crashes happen on Halloween night. Between 2019 and 2023, 176 people were killed in Halloween-night crashes involving drunk drivers nationwide. That includes 30 pedestrians, which unfortunately consists of children and young adults. 

See the above-mentioned stats? It’s happening in Arizona, too. According to the statewide enforcement statistics released by the Arizona Governor’s Office of Highway Safety, the numbers remain alarming. In 2024, the local holiday task force made 160 DUI arrests over Halloween and November 1st. That’s down from 258 arrests in 2023. However, officials caution that fewer agencies participated in enforcement this recent year, and Halloween fell midweek. So, the drop in numbers did not necessarily mean fewer impaired drivers were on the road. In addition, there were 45 recorded drug arrests on those two nights. Come to think of it, one impaired driver already poses danger on the road. Multiply by 10 and you’d get a serious hazard on all the main thoroughfares!  

What Arizona Law Says About DUI

In Arizona, driving under the influence (DUI) is taken seriously. The law doesn’t just apply to those who are falling-down drunk. It also applies to drivers who are “buzzed” or mildly impaired. Under A.R.S. § 28-1381, it is illegal to drive if you’re impaired “to the slightest degree” by alcohol or drugs. That means even if your blood alcohol content (BAC) is below 0.08%, you can still be charged with DUI if your driving is affected.

Here’s how it breaks down:

• Standard DUI: BAC of 0.08% or higher
• Extreme DUI: BAC of 0.15% or higher
• Super Extreme DUI: BAC of 0.20% or higher

Penalties may vary depending on the level of intoxication and whether it’s a first offense. A first-time DUI can lead to:

• jail time
• fines over $1,000
• mandatory alcohol education
• license suspension

On the other hand, repeat offenses or higher BAC levels bring harsher consequences. It includes longer jail terms and felony charges if someone is injured or killed.

For Victims of Drunk Driving Accidents

For example, you were hit by a drunk driver while walking home from a Halloween event. You’re hurt. Maybe you’ve broken a bone, suffered a concussion, or worse. You will then be facing medical bills, time off work, and emotional trauma.

Arizona law gives you the right to pursue compensation through a personal injury claim. This means you can seek damages for:

• Medical expenses: ER visits, surgeries, rehab, prescriptions
• Lost wages: If you’re unable to work while recovering from injuries
• Pain and suffering: Physical pain, emotional distress, anxiety
• Property damage: If your phone, bike, or other belongings were damaged in the crash

You will need to file a claim against the driver’s insurance. But if they’re uninsured or underinsured, you may be able to use your policy’s uninsured/underinsured motorist coverage. In some cases, you might also have a claim against a bar or party host. Under Arizona’s dram shop laws, they are liable if they served alcohol to someone who was clearly intoxicated and that person caused the crash.

What to Do After a Halloween DUI Accident

If you’re injured by a drunk driver on Halloween, here’s what you need to do:

1. Call 911 immediately. Seek medical attention and ensure the police document the scene.
2. Gather evidence. Try to take photos of the scene, the vehicle, and your injuries. Record statements from witnesses.

3. Arrange to have the necessary lab tests and diagnostic imaging completed, and follow the recommended medical treatment. Do it even if you feel “okay”. Some injuries like concussions or internal trauma don’t show up right away.

4. Contact a personal injury attorney. Arizona has a two-year statute of limitations for filing a claim, but the sooner you act, the stronger your case will be.

Halloween should be a night of celebration, not tragedy. But when drunk or impaired drivers hit the road, the consequences can be life-changing. If you’re a victim of a DUI accident in Arizona, you have rights. You deserve justice, regardless of whether you drove to pick up your children from a party or walked home dressed as a character. Therefore, explore your legal options and consult an accident lawyer today.