In most cases, driving under the influence of alcohol and/or drugs (DUI) is charged as a misdemeanor in Arizona. However, there are situations where a DUI charge can be elevated to a felony. This includes driving under the influence with a child under the age of 15 in the vehicle.
Under Arizona law, you can be charged with an aggravated DUI if you are transporting a child under 15 while driving under the influence. This is true even if you do not have any prior DUI convictions, a particularly high blood alcohol concentration (BAC), or any other aggravating factors. Given the potential for serious penalties, it is imperative that you contact a skilled Arizona criminal defense attorney as soon as possible to defend you.
Based in Tempe, Matthew Lopez Law represents clients throughout Arizona who have been charged with DUI and other criminal offenses. We will use our experience and skill as litigators to help you get the best possible outcome for the charges against you. Reach out to our law firm today to schedule a free consultation with an Arizona DUI defense lawyer.
Arizona’s Aggravated DUI Laws
In Arizona, an aggravated DUI is a felony offense of driving under the influence of alcohol and/or drugs. A typical DUI can become “aggravated” in the following circumstances:
- A person is arrested for DUI while their license is suspended or revoked;
- A person has at least two DUI convictions within the past 7 years (Arizona’s “lookback” period);
- An individual is transporting a child under the age of 15 at the time;
- A person is required to drive with an ignition interlock device (IID); or
- An individual is arrested for driving under the influence on the wrong side of the highway.
If any of these situations apply, a misdemeanor DUI will be elevated to a felony charge.
For example, consider a situation where you take your kids to a barbecue at a friend’s house. You have a few beers while they swim, and then gather everyone up to drive home. You are pulled over on the way home, and while you don’t feel intoxicated, your breathalyzer test shows a BAC of .08% (the legal limit). You have no prior DUI convictions.
In this situation, you would have been charged with a misdemeanor DUI if you were in the car by yourself or if your kids were over the age of 15. But because your kids are under 15, you will be charged with a felony-level aggravated DUI. As discussed below, this comes with far more serious consequences.
To prove that you committed the crime of aggravated DUI with a child in the car, a prosecutor will have the burden of demonstrating the following elements beyond a reasonable doubt:
- You drove or were in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs; or
- You drove or were in actual physical control of a vehicle with a blood alcohol content above the legal limit of .08%; and
- You had a passenger in the vehicle who was under the age of 15.
If a prosecutor can prove these elements, then you will be charged with a felony aggravated DUI. This can result in serious consequences, including jail time, a license suspension, and fines. You may also be charged with related offenses, such as child endangerment or contributing to the delinquency of a minor. If you have been arrested for a DUI with a child in the car, you should reach out to our law firm immediately to talk to an Arizona DUI defense attorney.
Penalties for a DUI with a Child in the Vehicle
Aggravated DUI is considered a Class 6 felony. The penalties for an aggravated DUI involving a minor child in the vehicle will depend on the facts of your case. Specifically, the potential penalties will increase based on your level of intoxication and criminal history:
- BAC level of .08 to .149% (Impaired or Per Se DUI): minimum jail term of 10 days for a first offense, which increases to 90 days for a second or greater offense.
- BAC level of .15% to .199% (Extreme DUI): minimum jail term of 30 days for a first offense, which increases to 120 days for a second or subsequent offense.
- BAC level of .20% or higher (Super Extreme DUI): minimum jail term of 45 days for a first offense, which increases to 180 days for a second or greater offense.
In addition to jail time, a judge may impose other consequences for an aggravated DUI with a minor in the vehicle. This may include:
- A minimum 1-year driver’s license suspension;
- A requirement to attend a traffic survival school course;
- A minimum of 24 months of driving with an ignition interlock device;
- Alcohol and/or drug education or treatment;
- Up to $4,000 in fines; and/or
- Potential forfeiture of the vehicle.
If you are charged with related offenses, such as contributing to the delinquency of a minor or child endangerment, then you may face additional consequences. Getting convicted of a DUI with a child in the vehicle can also impact other areas of your life, such as your employment, your child custody situation, and even your car insurance premiums. If you have been charged with an aggravated DUI, don’t wait to call our law firm to schedule a free initial consultation with an Arizona DUI defense lawyer.
Defenses to an Aggravated DUI Charge in Arizona
It is possible to defend against an aggravated DUI charge involving a child in the vehicle. Many of these defenses will be similar to what your attorney may argue in a standard DUI case. This may include arguing that:
- The police lacked reasonable suspicion to make the initial traffic stop.
- Law enforcement did not have probable cause to make the DUI arrest.
- You have a medical condition that made you appear intoxicated even when you were actually sober (such as an orthopedic injury that caused you to wobble when performing field sobriety tests).
- A medical condition (like diabetes) triggered a false positive result on a chemical breath test.
- The breathalyzer or blood test was administered improperly.
Our law firm will investigate the underlying facts of your case to determine if there are any factual or legal defenses to the charges against you. For example, we may retain an expert witness who can testify that an independent analysis of your blood sample showed that you were not actually under the influence.
We may also be able to argue that you should not be charged with an aggravated DUI because there wasn’t a minor in your vehicle. This argument could be made in situations where the police were mistaken about whether you had a passenger in your vehicle or about the age of the passenger. For example, if your daughter looks young for her age and is actually 17, not under 15, then this fact could be used to get the charge reduced to a misdemeanor DUI.
Whenever possible, we will fight to get the charges dismissed or reduced. If the prosecutor won’t agree to a favorable plea deal, then we will take your case to try and ask the jury to return a not guilty verdict. In every case, we will work tirelessly to get you the best possible outcome for your case.
Facing Aggravated DUI Charges? Give Us a Call for a Free Consultation.
Arizona takes driving under the influence charges seriously, particularly when the charge involves potentially putting a child in danger. If you have been charged with an aggravated DUI for driving under the influence with a minor in your vehicle, then you might be facing serious jail time. Our law firm will fight to protect your rights.
At Matthew Lopez Law, we advocate for clients throughout Arizona who have been charged with aggravated DUI and other criminal offenses. We offer compassionate, skilled legal representation that is designed to get our clients a favorable result. To learn more or to schedule a free initial consultation with an Arizona DUI defense attorney, give us a call at 480-608-9998 or fill out our online contact form.
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