Understanding Felony DUI with a Minor in the Car in Arizona (ARS 28-1383)

Investigative Article

The Shocking Reality of Felony DUI with Minor in the Car

Driving under the influence (DUI) is a serious offense, but when it involves a minor in the car, the penalties become even more severe. In Arizona, a DUI with a minor in the car is charged as a felony, with potential long-term consequences that can follow a person for the rest of their life. But what exactly does this crime entail? And what legal defenses can be employed to protect against it? In this investigative article, we will explore the shocking reality of Felony DUI with Minor in the Car, and the consequences that follow it.

Arizona's Definition of Aggravated DUI Charges

Aggravated DUI charges in Arizona apply when a person is found to be driving under the influence and one or more of the following conditions are met:

  • The person has two or more prior DUI convictions within the past seven years
  • The person is driving on a suspended, revoked, or canceled driver's license
  • The person's BAC (Blood Alcohol Content) is 0.15 or higher
  • And, the person is operating a vehicle with a minor under the age of 15 in the car

When a person is found guilty of Aggravated DUI, which includes Felony DUI with Minor in the Car, the penalties can range from jail time and fines to license suspension and mandatory alcohol treatment programs.

Penalties for DUI's Involving Minor Children

The consequences of DUI with Minor in the Car are severe, and rightfully so. In Arizona, a person charged with this crime can face:

  • A minimum of four months in prison
  • A maximum of two years in prison
  • Fines of up to $150,000
  • Ignition interlock device installation
  • Suspension of driving privileges

These penalties are designed to deter individuals from driving under the influence with minors in their vehicles, as it puts both the driver and the child at risk of serious injury or death.

Related Offenses That Can Be Charged

Aside from Felony DUI with Minor in the Car, there are several other related offenses that can be charged in Arizona, such as:

  • Child Abuse
  • Endangerment
  • Negligent Homicide

A person charged with Felony DUI with Minor in the Car may also face additional charges related to their actions while driving under the influence, such as property damage or personal injury.

Legal Defenses Against Felony DUI with Minor in the Car

When charged with Felony DUI with Minor in the Car, there are several legal defenses that can be employed to protect against the charges. These defenses include:

  • The traffic stop was illegal
  • The field sobriety or chemical tests were improperly administered
  • The driver was not aware that the minor was present in the vehicle
  • The officer lacked probable cause to believe that the driver was under the influence

It's important to remember that each case is unique and requires the expertise of a seasoned DUI attorney to determine the best course of defense.

Conclusion

Driving under the influence with a minor in the car is a serious crime with severe consequences. In Arizona, the law punishes this crime as a Felony DUI with Minor in the Car, which carries potential long-term repercussions for those convicted. However, as a society, we must recognize that people make mistakes and need protection under the law. That's why it's crucial to employ the legal defenses available and work with a DUI attorney to protect individuals and their rights. If you're facing charges of Felony DUI with Minor in the Car in Arizona, contact Kolsrud Law Offices for expert legal representation today.

Felony DUI,Minor