Aggravated DUI with a Child Under the Age of 15 in Vehicle

What is Aggravated DUI with a Child Under the Age of 15 in the Vehicle?

Aggravated DUI with Child in CarIn Arizona, being convicted of any DUI offense while there is a person under the age of 15 years old in your vehicle is a Class 6 felony in violation of  §28-1383A3 of the Arizona Revised Statutes.

If you are charged with Aggravated DUI with a Child Under the Age of 15 in your vehicle, you are accused of:

  1. Committing any Arizona DUI Offense;
  2. While a person under the age of 15 is in your vehicle.

What are the penalties for Aggravated DUI with a Child Under the Age of 15 in the Vehicle?

§ 28-1381A3 Aggravated DUI with a Child Under the Age of 15 in the Vehicle

Prior DUIPrior FelonyMin IncarcerationMax IncarcerationFine MinDriving Privilege LossIgnition InterlockAlcohol Counseling
NoneNone1 Day2 Years$4,6001 Year2 YearsMandatory
OneNone30 Days2 Years$4,6001 Year2 YearsMandatory
TwoNone4 Months2 Years$4,6001 Year2 YearsMandatory
AnyOne9 Months2 Years 9 Months$4,6001 Year2 YearsMandatory
AnyTwo2 Years 3 Months5 Years 9 Months$4,6001 Year2 YearsMandatory
For Offenses On or After January 1, 2012.

Vehicle Forfeiture

If a person is convicted of Aggravated DUI, Arizona law requires forfeiture of the vehicle owned and operated by the person at the time of the offense.

 

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