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Aggravated DUI Charges with Child Under Age 15 in Vehicle in Gilbert AZ

Aggravated DUI: Alcohol or Drug Dui with a Passenger Under Age 15 in the Vehicle Elevates a DUI to Felony

If a person is arrested for any type of DUI with a passenger underage 15 in the vehicle, the charges will be elevated from a Misdemeanor to Felony (Aggravated) Class 6 Felony, in addition to any other Misdemeanor DUI charges brought for the original DUI offense.

ARS § 28-1383 A 3 (a) & (b): Aggravated DUI with Passenger under 15 in vehicle Laws

Aggravated Charges of Class 6 felony will result if person under age fifteen years is a passenger in a vehicle and is found guilty of a DUI under either:

(a) ARS § 28-1381; or (Class 1 Misdemeanor); or

(b) ARS § 28-1382: (Class 1 Misdemeanor)

(a) ARS § 28-1381: Driving under the influence of intoxicating liquor or drugs while:

  1. Impaired to the slightest degree below 08%;
  2. BAC of 0.08% or more within two hours of driving or being in actual physical control of the vehicle; or
  3. While there is any drug in a person’s body, defined in section ARS § 13-3401 or its metabolite; and/or

(b)   ARS § 28-1382: Driving under the influence of intoxicating liquor or drugs while:

  1. Extreme DUI .15% or greater but less than 0.20%; or
  2. Super Extreme DUI 0.20% or greater

Penalties

Penalties for a Class 6 Felony DUI include Impaired to the Slightest Degree; BAC.08%: or greater; but less than 0.15% including:

  • 10 to 30 days jail depending on BAC;
  • License revocation for 3 years;
  • Ignition Interlock Device for vehicle after license reinstatement;
  • Fines, Fees, and Assessments of $4,000.00;
  • Probation;
  • Alcohol/Drug counseling or treatment;
  • Possible forfeiture of vehicle

DUI Defense Firm for Felony DUI Gilbert AZ

The most effective way to defend your charges and protect your rights and freedom is to first consult a qualified aggravated DUI lawyer. If retained, they will protect your rights, defend your charges, and look for ways to mitigate the penalties; or seek a partial or total dismissal. Depending on the circumstances, there may be defenses you are not aware of that could lead to a favorable outcome in your case.