Driving under the influence (DUI) is a serious offense that can have severe consequences, both legally and personally.
But when a DUI also involves child endangerment, the stakes are raised even higher. In cases where a driver is not only under the influence of drugs or alcohol, but also has a child in the vehicle, dual charges of DUI and child endangerment can lead to harsh penalties including a felony conviction.
This article will cover the following subtopics:
- DUI Involving a Minor
- Can I Be Charged With Both an Aggravated DUI and Child Endangerment
- Potential Penalties For Child Endangerment and Aggravated DUI
- Common Defenses Against DUI and Child Endangerment Charges
- Seeking Legal Assistance for DUI and Child Endangerment Charges
DUI Involving a Minor
Driving under the influence with a minor in the vehicle is considered an aggravated DUI under Arizona law. According to A.R.S. § 28-1383(A)(3), this offense is classified as a Class 6 felony, which carries more severe penalties than a standard DUI.
The presence of a minor not only heightens the legal consequences but also brings additional scrutiny from child protective services and family courts.
Can I Be Charged With Both an Aggravated DUI and Child Endangerment
Yes, it is possible to be charged with both an aggravated DUI and child endangerment simultaneously in Arizona. These dual charges reflect the serious nature of driving under the influence with a minor present and carry significant legal consequences.
▶ Dual Charges Explained
When a driver is arrested for DUI with a minor in the vehicle, they may face two distinct charges:
- Aggravated DUI: Under A.R.S. § 28-1383(A)(3), driving under the influence with a minor under the age of 15 in the vehicle elevates the DUI to an aggravated DUI, classified as a Class 6 felony.
- Child Endangerment: According to A.R.S. § 13-3619, child endangerment involves placing a child in a situation where their health and safety are at substantial risk. This charge can be a misdemeanor or a felony, depending on the severity of the risk.
▶Legal Implications of Dual Charges
Facing both aggravated DUI and child endangerment charges compounds the legal challenges and potential penalties:
- Increased Penalties: Each charge carries its own set of penalties, which can result in longer incarceration, higher fines, and more stringent probation conditions when combined.
- Cumulative Consequences: The penalties for each offense are cumulative, meaning they add up. This can lead to longer overall sentences and increased financial burdens.
- Impact on Parental Rights: These charges can significantly impact parental rights and custody arrangements. Courts view these offenses seriously, potentially leading to loss of custody or restricted visitation rights.
- Reputational Damage: Dual charges can harm personal and professional reputations, making it difficult to maintain employment and social relationships.
Potential Penalties For Child Endangerment and Aggravated DUI
Facing both child endangerment and aggravated DUI charges in Arizona can lead to severe consequences. Here are the potential penalties for each charge and the combined impact.
▶Aggravated DUI Penalties
Aggravated DUI, as defined under A.R.S. § 28-1383, carries enhanced penalties:
- Incarceration:
- Class 4 Felony: 4 months to 3.75 years.
- Class 6 Felony: 4 months to 2 years.
- Fines and Fees: Often exceeding $4,000, plus additional court-related costs.
- License Suspension: Mandatory suspension for at least one year, with reinstatement requiring an ignition interlock device and DUI education completion.
- Probation: Extended periods with stringent conditions like regular check-ins and community service.
- Mandatory Counseling: Alcohol and drug counseling, plus DUI education programs.
▶Child Endangerment Penalties
Child endangerment under A.R.S. § 13-3619 can be a misdemeanor or felony:
- Misdemeanor Penalties:
- Incarceration: Up to six months.
- Fines: Up to $2,500.
- Probation: With conditions like counseling or community service.
- Felony Penalties:
- Incarceration: 4 months to 2 years for a Class 6 felony; longer for higher classifications.
- Fines: Exceeding $2,500.
- Probation: Extended periods with mandatory counseling.
Common Defenses Against DUI and Child Endangerment Charges
Facing charges of DUI and child endangerment can be daunting, but there are several defense strategies that can be employed to challenge these allegations.
① Lack of Probable Cause for Traffic Stop
One of the primary defenses in DUI cases is challenging the legality of the traffic stop. The defense can argue that:
- Unlawful Stop: The officer lacked reasonable suspicion or probable cause to make the initial stop, which can lead to the suppression of all evidence obtained thereafter.
- Procedural Violations: Any deviation from standard procedures during the stop and arrest can be used to question the legitimacy of the charges.
② Faulty Field Sobriety and Breathalyzer Tests
The accuracy and administration of field sobriety and breathalyzer tests are critical in DUI cases. Defenses may include:
- Improper Administration: Arguing that the field sobriety tests were not administered according to standardized procedures, leading to unreliable results.
- Faulty Equipment: Questioning the calibration and maintenance of breathalyzer devices, which can produce inaccurate blood alcohol concentration (BAC) readings.
- Medical Conditions: Presenting evidence that medical conditions or other factors, such as medication or fatigue, affected the test results.
③ Proving the Child Was Not in Danger
For child endangerment charges, the defense may focus on demonstrating that the minor was not placed in a situation that posed substantial risk:
- Low Level of Risk: Arguing that the circumstances did not constitute significant danger to the child’s health or safety.
- Immediate Mitigation: Showing that any potential risk was immediately addressed or mitigated by the defendant’s actions.
- Character Witnesses: Using testimony from friends, family, or professionals to attest to the defendant’s typically responsible behavior and concern for the child’s welfare.
④ Negotiating Plea Bargains
In some cases, negotiating a plea bargain may be the most pragmatic approach:
- Reduced Charges: The defense can work to negotiate a reduction in charges, such as lowering a felony to a misdemeanor or dismissing one of the charges.
- Alternative Sentencing: Proposing alternatives to incarceration, such as probation, community service, or enrollment in treatment programs, can be beneficial in reducing the overall impact of the charges.
⑤ Constitutional Violations
Constitutional defenses can be particularly effective in DUI and child endangerment cases:
- Miranda Rights: If the defendant was not properly informed of their Miranda rights, any statements made during the arrest may be inadmissible in court.
- Unlawful Search and Seizure: Challenging any evidence obtained through unlawful search and seizure, which violates the Fourth Amendment, can result in the suppression of critical evidence.
Seeking Legal Assistance for DUI and Child Endangerment Charges
When choosing an attorney, consider their experience, reputation, and communication skills. Ask about their history with similar cases, proposed defense strategies, and how they handle case updates.
Contact Arja Shah Law today at (602) 560-7408. We are committed to helping you achieve the best possible outcome in your case.