If someone is caught driving drunk with a child under the age of 15 years in their vehicle, it is referred to as an ‘Aggravated DUI with kid in car’ offense. Driving drunk with a minor in the vehicle is considered a felony in Arizona and carries severe penalties and harsh consequences. In case of an Aggravated DUI, the person is usually arrested on the scene. Their car will be impounded and the child will be handed over to a family member or to Child Protective Services.
Laws regarding aggravated DUI are defined under ARS § 28-1383 A 3 (a) & (b) of the Arizona Revised Statutes. Read on to know more about the penalties.
Punishments for Aggravated DUI with Kid in Car
There are different punishments involved depending on the driver’s blood alcohol level.
BAC between 0.08% and 0.149% with minor in car – If the driver’s blood alcohol level is between 0.08% and 0.149%, the driver will face 10 days in jail. 9 out of these 10 days can be suspended. A number of fines and fees are to be paid by the offender, including a $250 fine, $500 prison construction or operations fund fee, and a $500 public safety equipment fund fee. The offender has to face up to 5 years of supervised or unsupervised probation, and may be required to install an Ignition Interlock Device for 12 consecutive months. MVD will also assess 8 points to the driver’s record and their driving privileges will be suspended for 90 days.
Extreme DUI – BAC between 0.150% and 0.199% with minor in car – Blood alcohol level between 0.150% and 0.199% is considered Extreme DUI and carries 30 days of actual jail time. The offender has to undergo alcohol abuse screening, counseling and treatment and may be ordered to do community service. The offender also faces a number of fines and fees, including a $250 fine, $500 DUI abatement fund fee, $1,000 prison construction and operations fund fee, as well s $1,000 public safety equipment fund fee. They amount to a total of $2,500.
Apart from the fines and fees, the offender has to face up to 5 years of supervised or unsupervised probation. They are also required to install an Ignition Interlock Device for 12 consecutive months. MVD will also assess 8 points on the offenders driving record and their driving privileges will be suspended for 90 days.
Super Extreme DUI – BAC over 0.20% with minor in car – A blood alcohol level over 0.20% is called a Super Extreme DUI and carries a jail sentence of 45 days. The total fees and fines will be $3,750, which include a $500 fine, $250 DUI abatement fund fee, $1,000 prison construction and operations fund fee, $1,000 public safety equipment fund fee and other surcharges.
The driver faces up to 5 years of supervised or unsupervised probation and will be required to install an Ignition Interlock Device for 18 consecutive months. MVD will also assess 8 points to the offenders driving record and their driving privileges will be suspended for 90 days.
Talk to an experienced attorney to defend an Aggravated DUI, driving with a minor in vehicle charge in Arizona. Call the Law Offices of Brian D. Sloan at 480-900-0384 for a Free Initial Consultation.
