DUI with Child Passenger

DUI With Child Passenger in Phoenix

Arrested on Aggravated DUI Charges? Consult Our Firm Now!

In Arizona, it is considered an aggravated DUI to drive under the influence of alcohol while a person under fifteen years old is in the vehicle according to the Arizona Revised Statutes § 28-1383(A)(3). DUI with a child passenger is just one of several circumstances that can lead to an aggravated DUI charge, though; DUI with a suspended license and a third DUI in 7 years, for example, can also result in an aggravated charge.

There are two ways a person can be charged with aggravated DUI involving a child passenger:

  • Driving with a blood alcohol content of .08 percent or higher with a child passenger (§ 28-1381)
  • Driving with a blood alcohol content of .15 percent or higher (extreme DUI) OR .20 or higher (super extreme DUI) with a child passenger (§ 28-1382)

If you have been arrested for this type of aggravated DUI, please get in touch with a lawyer from our firm and continue reading to learn more about the penalties for aggravated DUI as well as some possible defense options.

Penalties for DUI with a Passenger Under 15

According to the Arizona Aggravated DUI laws,

F. A person who is convicted under subsection A, paragraph 3, subdivision (a) of this section shall serve at least the minimum term of incarceration required pursuant to section 28-1381.
G. A person who is convicted under subsection A, paragraph 3, subdivision (b) of this section shall serve at least the minimum term of incarceration required pursuant to section 28-1382.

According to the statutes, aggravated driving while under the influence of intoxicating liquor or drugs with a passenger who is under the age of 15 is a class 6 felony. The minimum term of incarceration defined in § 28-1381 is not less than ten consecutive days in jail. The individual will not be eligible for probation unless the full term of their sentence is served. The minimum term of incarceration defined in § 28-1382 is not less than 30 consecutive days in jail without probation until the entire sentence is served (for extreme DUI) and consecutive 45 days minimum incarceration for super extreme DUI.

Possible Defenses Against Aggravated DUI

Should you choose to hire a Phoenix aggravated DUI lawyer from our firm, we will evaluate your case so that we can build some strong defenses in your favor. In order to be convicted of aggravated DUI with child passenger, it must be proven that A) there was someone under the age of 15 in the vehicle at the time of the arrest; and B) that the driver had a blood alcohol concentration (BAC) of at least .08 percent within two hours of the initial stop by law enforcement. Our firm can use all means necessary under the law to advocate for your innocence. Handling drunk driving cases is one of the things our firm does best. These aggravated DUI charges are much more serious than your average DUI. Remember, if you have been arrested for DUI with child passenger, then you face the reality of a felony conviction with penalties such as fines and imprisonment.

Call Our Phoenix Aggravated DUI Lawyers

If you have been arrested for aggravated DUI in Arizona, you not only face criminal penalties such as fines and imprisonment, you will also face administrative penalties such as license revocation for a possible three years and ignition interlock device (IID) installation. The most important thing to remember following an aggravated DUI arrest is that you have not yet been proven guilty. You still have the right to an attorney who can fight to maintain your innocence. Knowles Law Firm, PLC is prepared to take on that role for you, so take the first step and contact our firm today!

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