Aggravated DUI with a Child Passenger
Leading Phoenix DUI Defense Attorneys
Driving under the influence is dangerous and unnecessarily endangers the driver’s life and those around them. Most DUI charges fall under the misdemeanor category. However, if a person drives intoxicated while a passenger aged 15 or younger is in the car, the offense is considered an aggravated DUI.
Arizona statutes articulate two ways an individual can receive this charge. Under § 28-1381, a person with a blood-alcohol level of .08 percent or higher with a child passenger has committed an aggravated DUI. When a person drives with a blood alcohol content of .15 percent or higher, it is considered an extreme DUI, while a blood alcohol content of .20 percent or higher is a super extreme DUI. According to § 28-1382, if an individual drives this way with a child passenger, they commit an aggravated DUI.
Consequences of Driving Under the Influence with a Child Passenger
Aggravated DUIs should not be taken lightly. Under Arizona law, driving with a child passenger while intoxicated is a class 6 felony regardless of whether it is your first offense or a repeat circumstance.
According to Arizona statues 28-1381 and 28-1382:
- 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.
- 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.
If an individual is convicted of an aggravated DUI with a child passenger, he or she can spend a significant amount of time in jail. If convicted under § 28-1381, the person must spend at least 10 consecutive days in jail. If convicted under § 28-1382, they must spend at least 30 consecutive days in jail. Both terms can only lead to probation once the sentence has been finished in full.
Why You Need an Experienced DUI Defense Attorney by Your Side
Outside of time in jail, aggravated DUIs go on your permanent record. They can affect issues of citizenship, employment, and academics. At MayesTelles PLLC, our Phoenix DUI attorneys have experience helping our clients in Arizona. We meticulously evaluate our cases, making sure no detail goes unacknowledged. We then aggressively work to prove our client’s innocence. If you have been charged with driving while intoxicated with a child passenger, remember you have options.
Contact our office today for a free case evaluation!
We've Won Thousands of Cases
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Charges Reduced to Reckless Driving
Client R.C. was stopped by Mesa Police for a civil traffic violation and later charged with DUI, Extreme DUI, and Super Extreme DUI in a justice court. During the course of their representation, MayesTelles attorneys discovered important inconsistencies in the police reports. When we presented these issues to the State, the prosecutor’s office agreed to drop all DUI charges.
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Fatal Commercial Vehicle Accident
MayesTelles Client A.F. and her husband tragically lost their unborn child as a result of the negligence of an individual operating a commercial vehicle in Yuma, Arizona. After substantial investigation including accident reconstruction and filing a lawsuit, the insurance company paid out the policy limits of $1,000,000.00.
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4 Counts of Aggravated DUI Dismissed
Client M.W. was charged with 4 counts of Aggravated DUI in the Maricopa County Superior Court in July 2016 for allegedly riding a motorized bicycle under the influence. The attorneys at MayesTelles demanded that the State include certain materials in their presentation to the grand jury, resulting in the grand jury refusing to indict and the case being dismissed.
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Client Charged with DUI
Client, GS, charged with DUI - sentence was reduced to reckless driving.
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Client Facing Assault Felony
M.L. was charged with 1 count of Aggravated Assault, a class 3 dangerous felony. She plead guilty to Aggravated Assault, a class 6 undesignated felony, with a stipulation to 3 months of initial jail. She received credit for 32 days and the rest of the jail time was deferred. She was placed on 3 years of supervised probation. She has the opportunity to designate the offense a misdemeanor after successfully completing probation. Location: Maricopa County Superior Court
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Client Charged with DUI
Our client, A.R, was charged with 1 count of DUI and 1 count of Failure to Control Speed to Avoid a Collision. During extensive pre-trial investigation, it was discovered that the police made many errors in how they handled the case. We were able to get the client's charges reduced to reckless driving. Location: Glendale City Court
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Client Charged with Four Felony Counts
Our client, Ms. D., was charged with two counts of forgery - a class 4 Felony as well as theft - a class 2 Felony and also fraudulent schemes and artifices - a class 2 Felony. We were able to get her conviction reduced to a class 6 undesignated felony with the opportunity to reduce further to a misdemeanor. Location: Maricopa County Superior Court
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Client Charged with Trespass & Assault
Our client, T.C., was charged in Maricopa County Superior Court on July 8, 2015 with 1 count of Criminal Trespass, a class 6 felony, and 1 count Assault, a class 2 Misdemeanor. On September 9, 2015, after an 8-day jury trial, our client was found not guilty on both charges. Location: Maricopa County Superior Court
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Client Charged with Shoplifting
Our client, Ms. H., was charged with shoplifting - a class 1 misdemeanor. We were able to get her conviction set aside. Location: Phoenix Municipal Court
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Client Faced 5 Felony Sex Offenses
Our client, Mr. C., was charged with five counts of felony sex offenses, including two counts of Sex Conduct with a Minor and three counts of Molestation of a Child. We were able to get the case dismissed upon a successful Motion to Dismiss. Location: Maricopa County Superior Court
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Client Charged with Disorderly Conduct
Our client, K.F., was charged with Disorderly Conduct, a class 1 misdemeanor. We were able to get this client's case dismissed. Location: Tempe Municipal Court
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Client Facing Multiple Criminal Charges
Our client, L.S., was charged on October 20, 2014 in Mesa for an assault, disorderly conduct, and criminal damage. MayesTelles PLLC was able to get those charges dismissed.
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Client Facing Multiple Domestic Violence Offenses
Our client, Ms. C., was facing charges of assault / domestic violence (class 1 misdemeanor), disorderly conduct / domestic violence (class 1 misdemeanor), and criminal damage / domestic violence (class 1 misdemeanor). We were able to get our client's case dismissed. Location: Mesa Municipal Court
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Charged with Assault & Failure to Appear
Our client, L.S., was charged in Phoenix on December 27, 2014 for assault and failure to appear. After completing diversion, our client's case was dismissed.
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Multiple Felony Theft Offenses
Our client, Mr. C., was charged with Theft of Means of Transportation (Class 3 Felony) and Trafficking in Stolen Property (Class 3 Felony). Both class 3 felonies have a possible sentencing range of 2 - 8.75 years in prison. We were able to get our client's charge reduced to a Class 1 Misdemeanor with no jail time. Location: Maricopa County Superior Court
Why Choose MayesTelles PLLC?
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Nearly 200 Years of Combined Experience
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Thousands of Cases Successfully Handled
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Voted Top 100 Trial Lawyers
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Available to Our Clients 24/7
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Former Prosecutors & Law Enforcement
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AV Preeminent Rated Attorneys