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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!

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