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
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.
