Driving under the influence is already a serious offense, but when it involves a child under 15 years old as a passenger, the stakes are much higher.
DUI with a minor in the car is classified as an Aggravated DUI in Arizona, carrying severe penalties and long-term consequences. In addition to the required jail or prison time, fines, and license suspension or revocation, offenders also face the emotional and social repercussions of endangering a child’s life.
If you or someone you know is facing a DUI with a Minor in the Car charge (Arizona Revised Statute 28-1383(A)(3)), understanding the laws, penalties, and possible defenses is crucial. This guide explains what makes a DUI aggravated, the penalties for different blood alcohol concentration (BAC) levels, and whether such charges can be reduced. Let’s dive into the key details of Arizona Aggravated DUI laws.
What Is an Aggravated DUI in Arizona?
An aggravated DUI goes beyond a typical DUI charge. While a standard DUI involves operating a vehicle while impaired, or with a blood alcohol concentration (BAC) of 0.08% or higher, certain factors can escalate the charge to Aggravated status. One such factor is having a minor passenger under the age of 15 years in the car while driving under the influence.
According to Arizona Aggravated DUI laws, this offense is a Class 6 Felony. The legal foundation is outlined in ARS § 28-1383, which details the circumstances that elevate a DUI charge to an Aggravated DUI.
What Makes a DUI Aggravated?
Several scenarios can result in an Aggravated DUI charge, including:
- Driving Under the Influence with a suspended, revoked, canceled, refused or restricted license.
- Committing a third DUI offense within 84 months.
- DUI while ordered to have an ignition interlock device in the vehicle, regardless of whether it was or was not installed in the vehicle which was being driven.
- DUI with minor in the car, specifically a child under 15 years old.
- DUI while Driving the Wrong Way on the Roadway
The presence of a minor adds a layer of risk and demonstrates reckless endangerment, which is why it is treated as a more serious crime.
Penalties for DUI with Minor in Vehicle in Arizona
The penalties for an Aggravated DUI in Arizona vary based on the offender’s BAC level. Arizona enforces some of the strictest DUI laws in the country, and when a child’s safety is at risk, the consequences are even harsher.
1. BAC Between 0.08% and 0.149%, with a Minor in the car
For BAC levels in this range, offenders face the following penalties:
- Jail / Prison Time: 10 days (9 may be suspended upon completing alcohol education programs), up to two years prison.
- Fines and Fees: $250 fine + surcharges, $500 prison construction fee, and $500 public safety fee.
- Probation: Up to 5 years of supervised or unsupervised probation.
- Ignition Interlock Device (IID): Mandatory installation for at least 12 months.
- License Suspension / Revocation: three year license revocation with 8 points added to the driver’s record.
2. Extreme DUI with a Minor in the car: BAC between 0.150% and 0.199%
Offenders with a BAC in this range face elevated penalties:
- Jail / Prison Time: 30 days, up to two years prison.
- Fines and Fees: $250 fine + surcharges, $500 DUI abatement fee, $1,000 prison construction fee, and $1,000 public safety fee (totaling approximately $2,800).
- Probation: Up to 5 years of supervised or unsupervised probation.
- IID: Mandatory installation for at least 12 months.
- License Suspension / Revocation: three year license revocation with 8 points added to the driver’s record.
3. Super Extreme DUI with a Minor in the car: BAC over 0.20%
When BAC exceeds 0.20%, the penalties are the most severe:
- Jail / Prison Time: 45 days, up to two years in prison.
- Fines and Fees: Totaling $3,750, including multiple surcharges.
- Probation: Up to 5 years of supervised or unsupervised probation.
- IID: Mandatory installation for at least 18 months.
- License Suspension / Revocation: three year license revocation with 8 points added to the driver’s record.
The Long-Term Impact of an Aggravated DUI Conviction
An Aggravated DUI with a Minor in the vehicle carries consequences beyond fines and jail time. A Felony DUI conviction can affect aspects of your personal and professional life, including:
- Employment Opportunities: Many employers hesitate to hire individuals with felony records.
- Child Custody: This charge can jeopardize parental rights or custody arrangements.
- Insurance Rates: Auto insurance premiums often skyrocket after a DUI conviction.
- Professional Licensing: Some careers require a clean criminal record, which can be at risk following a conviction.
Can an Aggravated DUI Be Reduced?
Defendants often wonder, “Can an Aggravated DUI be reduced?“ The answer depends on the circumstances surrounding the case. While reducing the charge to a Misdemeanor is challenging, a skilled DUI Attorney may be able to negotiate lesser penalties or even dismissal by challenging evidence or procedural errors.
Common defense strategies include:
- Challenging the Traffic Stop: Was there a valid reason for the stop? An unlawful stop can lead to case dismissal.
- Questioning BAC Evidence: Factors like improper calibration of breathalyzers or mishandling of blood samples can undermine the prosecution’s case.
- Arguing Procedural Errors: Mistakes in police paperwork or violations of your rights may result in reduced charges.
- Negotiating Plea Deals: In some cases, your attorney may negotiate to reduce penalties or charges.
Why You Need an Experienced DUI Attorney
Arizona enforces some of the strictest DUI laws, especially for cases involving minors. Penalties are non-negotiable in most situations unless you have solid legal representation.
An experienced Attorney Specializing in DUI cases can help mitigate these outcomes by:
- Identifying errors in the arrest or testing process.
- Negotiating plea deals to reduce penalties.
- Providing guidance on complying with court-ordered programs like alcohol counseling or IID installation.
Take Action Today
Whether you’re wondering if a DUI charge can be reduced or seeking clarity on Arizona aggravated DUI laws, a consultation with a DUI defense attorney is your best first step.
At the Law Offices of Brian D. Sloan, we specialize in defending clients against DUI charges, including DUI with minor in car cases. With years of experience and a proven track record, we’ll help you build a strong defense tailored to your situation.Contact us at 480-720-7839 or book your free initial consultation online. Let us review your case, answer your questions, and discuss your options.
