Arizona Aggravated DUI - Child in Car Equals Felony
Aggravated DUI principle factor is not the blood alcohol level (BAC) such as 0.08 or 0.15. The Arizona aggravated DUI main component relates to the factors that convert it from an Arizona Misdemeanor DUI to an Arizona Felony DUI. Here, we examine the additional aggravating factor of having a child under age 15 in your car while you were driving while under the influence.
You could be convicted of a felony and have a criminal record if you drive drunk (impaired) in Arizona and have a child under age 15 in your car. This applies even if you have never had any prior DUI convictions and your record has been clear up to this event.
Arizona felony aggravated DUI penalties typically include incarceration in jail or state prison, fines and fees, community service, probation, counseling, a mandatory 3 year revocation of your driver's license, and other punishments.
If there is a child under age 15 in your vehicle and you are charged with an Arizona DUI, you will most likely be charged with a felony. Some prosecutor's and may even charge you with an endangerment criminal offense or with child abuse. This is discretionary and depends on the facts of your case.
An Arizona felony is a very serious criminal charge. A felony conviction has implications that may include getting fired from your job, or inability to get a job, unpleasant visit from Arizona Child Protective Services, credit or housing screening issues, and the troubles will mount. A felony conviction can haunt you for years in the future.
Remember the prosecution wants to stack the cards against you. You need a strong and experienced Arizona DUI Lawyer to defend you. If you have been charged with an Arizona Felony DUI call James Novak an experienced Criminal and DUI lawyer now at (480) 413-1499. He will provide you with FREE consultation and begin work on your case immediately upon retention.
Arizona Laws 28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition.
A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
3. While a person under fifteen years of age is in the vehicle, commits a violation of either:
(a) Arizona Revised Statute Section 28-1381.
(b) Arizona Revised Statute Section 28-1382.
