Arizona Felony DUI with Minor in the Car ARS 28-1383

Profile Article: Understanding the Consequences of Arizona Felony DUI with Minor in the Car

It is not uncommon to see drivers behind the wheel even when they are under the influence of alcohol or drugs. However, driving under the influence of alcohol or drugs with a minor in the car is a serious offense in Arizona. This article will explore the legal consequences of Arizona felony DUI with minor in the car. We will discuss how Arizona defines aggravated DUI charges, how Arizona penalizes DUIs involving minor children, defenses to a felony DUI with a minor in the car, and provide information on who to contact for help.

Arizona Felony DUI with Minor in the Car

Arizona is known for its tough DUI laws, and felony DUI is the most severe of all DUI offenses. In Arizona, it is a felony offense to drive under the influence with a minor child (under the age of 15) in the car. The felony charge applies even if it is your first DUI offense. Arizona Revised Statutes 28-1383 outlines the definition of aggravated DUI with a minor in the car, and the consequences of a conviction can be significant.

Aggravated DUI Charges

Arizona defines aggravated DUI charges as DUI offenses that involve certain aggravating factors. Aggravated DUI charges can result in harsher penalties than standard DUI charges. The following are considered aggravating factors in the State of Arizona:

  • DUI with a Blood Alcohol Concentration (BAC) of 0.15% or higher
  • DUI committed while driving on a suspended, canceled, or revoked license
  • DUI committed while a minor (15 years old or younger) was in the vehicle
  • DUI committed while required to use an Ignition Interlock Device (IID)
  • DUI committed while under court order not to drink and drive
  • DUI committed while speeding excessively or eluding a police officer
  • DUI committed while involved in an accident that results in serious injury or death to another person

Penalties for Felony DUI with Minor in the Car

If you are convicted of felony DUI with a minor in the car in Arizona, you will face severe penalties. The exact penalties you may face depend on the circumstances of your case, but the following are potential consequences:

  • Prison time – Felony DUI convictions can result in significant prison time, ranging from several months to several years.
  • Driver’s license suspension – Your driver’s license will be suspended for a minimum of one year if you are convicted of felony DUI in Arizona.
  • Fines – Fines for felony DUI in Arizona can be substantial, ranging from several thousand dollars to tens of thousands of dollars.
  • Ignition Interlock Device (IID) – You may be required to install an IID in your vehicle, which will prevent you from driving if you have consumed alcohol.
  • Probation – If you are convicted of felony DUI in Arizona, you may be placed on probation for several years.

Defenses to Felony DUI with Minor in the Car

If you have been charged with felony DUI with a minor in the car, it is crucial to work with an experienced and knowledgeable criminal defense attorney who can help you understand your legal options. Some of the defenses that can be used in a DUI case include:

  • Challenging the accuracy of the BAC test
  • Disputing the legality of the stop
  • Arguing that the arresting officer violated your Miranda rights or made an illegal search or seizure
  • Introducing evidence that you were not actually driving the car at the time of the DUI arrest

The Importance of Hiring an Experienced DUI Defense Attorney

Facing felony DUI charges with a minor in the car is a serious matter, and the legal consequences can be severe. That is why it is essential to work with an experienced attorney who understands Arizona DUI laws and will fight for your rights. The attorneys at Kolsrud Law Offices have decades of experience successfully representing clients in DUI cases throughout Arizona. They can review the facts of your case and develop a critical defense strategy that is tailored to your unique situation. Do not hesitate to contact their team for help.

In conclusion, DUI with a minor in the car is a serious crime in Arizona, and the consequences of a conviction can be severe. If you have been charged with felony DUI with a minor in the car, it is crucial to work with a skilled criminal defense attorney who understands Arizona DUI laws and can vigorously defend your rights. With the help of Kolsrud Law Offices, you can fight the charges and protect your future.

Arizona Felony DUI with Minor in the Car- Felony, DUI
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