Aggravated DUI with Child Charges Defense

Best DUI Lawyer in Phoenix Ranked by Expertise.com

Arja has defended numerous cases where the driver is not alone in the vehicle. DUI with a child in the car, or in a car seat, require extra sensitivity and immense knowledge of the Arizona DUI laws and potential repercussions.


If you were pulled over for suspicion of drunk driving, and have a child under the age of 15 in the vehicle with you, it is an aggravated felony DUI and carries automatic prison time if convicted.

Penalties for DUI with Child in Car Under ARS 28-1383(A)(3) – With No Prior Convictions

No Prior Felony Charges. Impaired to the Slightest Degree by alcohol, drugs, and/or vapor-releasing substance; or BAC above .08 (but less than .15); or having any illicit drug or its metabolite in your system:

  • Sentencing can range from one day to two years in jail. (DOC) The minimum sentence is 10 days in jail, of which nine may be suspended if successfully completes alcohol classes. However, the jail term follows statutory requirements for Misdemeanor DUI. Can be sentenced to Regular DUI Class 6; Extreme DUI Class 6; or Super Extreme DUI Class 6, as well as 2nd Time offenses of any of the above.
  • A minimum of $750 fine, $250 fee, $630 surcharge, $1,500 prison fund, $1,500 public safety equipment fund, $20 time pay fee, $20 probation fee and $13 law enforcement assessment. Adding up to $4,683 in total fees, fines, and payments.
  • Driver’s License revoked for 3 years. However, you can get a work/school permit if the commission date is on or after 2/1/06. You will be required to have an Ignition Interlock installed in the vehicle during the restricted license period.

Other DUI Consequences Include:

  • Possible probation of up to 10 years, alcohol/drug screening and classes, possible community service, pay for jail incarceration, possible monthly probation fees of $65, two years Ignition Interlock required, DNA was taken, Victim Impact Panel (MADD), Possible DUI Court Program and Felony is forever allegeable

One Prior Felony Conviction

With one eligible felony; sentencing can range from 8 months to 2.75 years in jail (DOC). With one non-eligible felony; 4 months to 1 year and 9 months in jail (DOC), and not eligible for probation.

  • A minimum of $750 fine, $250 fee, $630 surcharge, $1,500 prison fund, $1,500 public safety equipment fund, $20 time pay fee, $20 probation fee and $13 law enforcement assessment. Adding up to $4,683 in total fees, fines, and payments.
  • Three-year license revocation.

Other Consequences Include:

  • Possible probation up to 10 years, alcohol/drug screening and classes, possible community service, pay for jail incarceration, possible monthly probation fees of $65, two years Ignition Interlock required, DNA was taken, Victim Impact Panel (MADD), Possible DUI Court Program and Felony is forever allegeable

Two or More Prior Felony Convictions

With two or more eligible felonies; sentencing can range from 2.75 years to 5.75 years in jail (DOC). With two or more non-eligible felonies; 8 months to 2.75 years in jail (DOC), and not eligible for probation.

  • A minimum of $750 fine, $250 fee, $630 surcharge, $1,500 prison fund, $1,500 public safety equipment fund, $20 time pay fee, $20 probation fee and $13 law enforcement assessment. Adding up to $4,683 in total fees, fines, and payments.
  • Three-year license revocation.

Other Consequences Include:

  • Possible probation up to 10 years, alcohol/drug screening and classes, possible community service, pay for jail incarceration, possible monthly probation fees of $65, two years Ignition Interlock required, DNA was taken, Victim Impact Panel (MADD), Possible DUI Court Program and Felony is forever allegeable

Getting Help with Arizona Aggravated DUI Charges

Being charged with a felony aggravated DUI in Arizona can have penalties that last a lifetime. These charges will have an impact on important things such as employment, renting a house, auto insurance, and can even affect your personal life.

Call DUI lawyer Arja Shah at (602) 560-7408 to learn more about the possible defenses available that can either reduce your charge to something as minor as a “reckless driving” charge – or even get your entire case dismissed! The consultation is completely free and only takes about 30-60 minutes. We will evaluate every factor in great detail to put together a winning defense.

we are here to help

Fill out the form below, or call us directly at (602) 560-7408 to schedule your free, one-on-one consultation. There is no obligation and all consultations are strictly confidential.

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Thomas - Super Extreme DUI
Argued Police Stop Protocols and Reduced to a Fine

“Arja represented me for a DUI case in Scottsdale. I met with her immediately after being charged and she very quickly was able to speak to the prosecutor and get my charges reduced after my initial hearings. She was attentive and easy to talk to. She gets results.”

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Jason - Scottsdale DUI
Felony Charges Reduced to Reckless Driving

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Maggie - Mesa Super Extreme DUI
Super Extreme DUI Reduced to First Time Regular DUI

“Ms. Shah got my charges completely dismissed. She worked hard, was thorough, and took care of all the details. Seriously, hire her. It’s a complete piece of mind.”

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R. Aguilera - Attempted Murder
Attempted Murder Charges DISMISSED

“During my recent DUI case and time spent working with Arja Shah, I can say I had an absolute positive Experience. She was there to represent me and handle my questions and concerns with ease. Thank you.”

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Michael - Phoenix DUI Arrest
Felony DUI Charge Reduced to a Fine

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Michael Pittman (Attorney Peer)

“First, Arja is a superb and energetic attorney who is always willing to listen and help out in client cases. Second, she works hard for your case to minimize or eliminate penalties for the charges you are facing. She has a good analytical mind and presents your case successfully. Third, she is approachable even outside work hours if the situation calls for it. Always punctual for meetings. Lastly, she is an affordable attorney in comparison to some big-name law firms where personalized and flexible service is almost impossible. The above review is based on my experience derived from her working on my case.”

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T. McCarty- Extreme DUI Charge Possible 30 Days Jail
Reduced to Reckless Driving and a Fine

“Attorney Arja Shah took the time to compile letters from family members and show the Prosecutor that they lacked evidence to move forward with my case. Arja did what she said she would do and was there to help me. Outstanding Attorney.”

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Andrea- Disorderly Conduct and Domestic Violence
Charged Dismissed
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