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Waiting for an arrest following a deadly DUI crash

Posted at 12:02 PM, Sep 22, 2019
and last updated 2019-09-22 20:16:56-04

PHOENIX — After ABC15 aired a story last week about a family waiting two years for justice following a deadly DUI crash, we asked: how long is too long before an arrest is made?

Elizabeth Hartley, with the non-profit Mother's Against Drunk Driving, says on average it takes about a year. However, she says two years is not unheard of.

Hartley did not speak specifically to one case, but says she hears plenty of concerns about the suspect not behind bars.

"Concerns about a person not being in custody come up almost every case," Hartley said.

She says the reason many aren't arrested right away is because the justice system gives everyone a right to a speedy trial.

"Innocent until proven guilty," Hartley said. "Once that ball starts rolling there are time limits for everything."

She says waiting to get blood results back can cause a delay.

"Because there are only so many labs that process blood in Arizona," she said.

Investigators also have to do what's called crash reconstruction, piecing together the last few seconds before an accident occurred.

"Things like speed and airbag deployment," Hartley said. "Roadway markings, scrapes."

She says it's all so prosecutors have the highest likelihood of a conviction.

"They want to make sure they're getting the highest charge possible," Hartley said.

Data shows Arizona saw over 200 drunk driving deaths in 2017.

MADD encourages families with any questions to come to them and get the help and resources they may need during that long, and at times, agonizing wait.

"We just make sure that we are there for them through that process and they have someone that they can vent to and validate through," Hartley said. "Because they have every right to be frustrated."