In Arizona, it is against the law to drive while under the influence of alcohol and/or drugs. Our state has particularly harsh DUI laws, with mandatory minimum jail sentences even for a first-time DUI. Those penalties can be increased even more if you are caught driving under the influence with certain other factors present, like having a child in the car.
If you are arrested for a DUI and have a passenger under the age of 15 in the vehicle with you, then you will be charged with an aggravated DUI. This felony offense is punishable by a jail term of at least 180 days in jail, a fine of up to $4,000, and a 1-year driver’s license suspension. If you have been charged with a DUI with a minor in the car, then you should contact an experienced Arizona DUI defense lawyer as soon as possible.
Matthew Lopez Law represents people charged with a range of criminal offenses, including DUI and child endangerment charges. We are fierce advocates for our clients, working hard to get them the best possible outcome for their case, whether that means a dismissal, getting the charges reduced in a plea deal, or taking the case to trial. To learn more or for a free consultation with an Arizona DUI attorney, contact our law firm today.
How Can Having a Child in the Vehicle Escalate an Arizona DUI Charge?
In Arizona, driving under the influence (DUI) occurs when a person operates a motor vehicle while:
- Impaired to the slightest degree by alcohol and/or drugs;
- Having a blood alcohol concentration of .08% or higher; or
- Having any controlled substance in your system.
DUI is usually charged as a misdemeanor if it is a first offense in Arizona. This can mean a mandatory minimum of 10 days in jail (with up to 9 days suspended), $1,250 or more in fines, a 90-day driver’s license suspension, and a requirement to install an ignition interlock device (IID) for a year.
These charges can be increased based on the facts of the case, such as having prior DUI convictions, a particularly high BAC, driving impaired with a suspended license, or drunk driving with a child under the age of 15 in the vehicle. Even a first or second-time DUI can be elevated to a felony aggravated DUI in certain situations.
Under Arizona law, a person can be charged with an aggravated DUI for driving with a minor in the car if:
- The defendant was in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs; or
- The defendant drove or was in actual physical control of a vehicle with a BAC of .08% or higher; and
- The defendant had a passenger in the vehicle who was under the age of 15.
Driving under the influence with a minor in the vehicle is a class 6 felony. The penalties depend on a person’s (1) criminal history and (2) BAC at the time of the arrest. For a first offense with a BAC of .08% to .149%, the minimum jail sentence is 10 days. This increases to a minimum of 180 days in jail for a super extreme DUI (BAC of .20% or higher) for a second or subsequent DUI.
A judge can also impose other consequences. This includes up to $4,000 in fines, a minimum 1-year driver’s license suspension, a minimum of 24 months of driving with an IID, and even forfeiture of the vehicle.
On top of an aggravated DUI, it is also possible for a prosecutor to charge a person with related offenses. This may include contributing to the delinquency of a minor or child endangerment. If you have been arrested for DUI and had a child in the car with you, it is critical that you consult with an Arizona criminal defense attorney as soon as possible to preserve your legal rights.
Defending Against DUI with a Minor in the Vehicle Charges
It is possible to defend against an aggravated DUI for driving with a child in the vehicle. While the exact defense will vary based on the facts of your case, your attorney can put together a strong defense. This may allow you to get the charges reduced or even dismissed.
For example, your lawyer may be able to demonstrate that the person in the car with you may have looked young, but they are actually 15 or older. If your child is 15 or older, then you can’t be charged with an aggravated DUI. They may also be able to argue that you weren’t actually under the influence when you were driving.
Alternatively, it may be possible to argue that your constitutional rights were violated in some way. For example, if law enforcement didn’t have probable cause to stop your vehicle, then your Arizona DUI defense lawyer can seek to have the evidence suppressed. Without evidence that you were driving under the influence or that you had a child in the car, the charges might be reduced or dismissed entirely.
Of course, each case is different. Your lawyer will thoroughly evaluate your case to determine the best possible defense to the charges against you.
Charged with a DUI/Child Endangerment? Call Our Law Offices Today.
Driving intoxicated with a child in the car is seen as a particularly dangerous activity because it puts a young person at great risk of harm. For that reason, Arizona charges DUI with a minor as a felony offense, and a prosecutor might even bring additional charges. If you have been arrested for DUI with a minor in the vehicle, don’t wait to call.
Matthew Lopez Law is committed to protecting the rights of Arizonans charged with DUIs and other criminal offenses. While you may be tempted to just accept a plea deal for a DUI, you should never do so before talking to a lawyer. It may be possible to defend against the charges – and even get them reduced or dismissed. To learn more or to schedule a free initial consultation with an Arizona DUI defense attorney, call our law offices at 480-608-9998 or fill out our online contact form.
Related: Can a DUI Charge in Arizona Be Reduced to a Lesser Offense?