DUI Enhanced by a Child Under 15 Years of Age
DUI Enhanced by a Child Under 15 Years of Age
In Arizona, the presence of a Minor under the Age of 15 in a vehicle during a DUI offense is considered an Aggravated DUI and is classified as a Class 6 Felony. This particular theory is the only DUI offense in Arizona that is punished as a Class 6 Felony. The other four Aggravated DUI theories in Arizona are all punished as Class 4 Felonies. Despite being the lowest class felony for DUI in Arizona, a conviction still results in severe consequences.
According to A.R.S. 28-1383(A)(3), Arizona penalizes the concept of Aggravated DUI. This involves (1) operating or physically controlling a motor vehicle; (2) either while
impaired or with a blood alcohol content exceeding .08%; (3) with a minor below the age of 15 present in the vehicle. As mentioned, a conviction under this provision results in a Class 6 Felony charge. Additionally, unlike three out of the four Class 4 Felony theories, punishment under this provision does not mandate a four-month prison term as part of probation.
The State has the option to press charges for child abuse based on these circumstances. However, it is not a common practice for the State to do so in this area. Despite this, it is crucial to consider this as a possibility, along with the potential harm caused by a vehicular offense. These consequences are the reason why the State handles these offenses with great determination.
Conviction of Aggravated DUI with a Child Under the Age of 15
The results of being convicted of a Class 6 Felony Aggravated DUI come with harsh consequences. While this particular section does not mandate imprisonment during probation, the effects of a guilty verdict can be extensive and greatly affect an individual's freedom and means of living.
Aggravated DUI in Category 1 Involving a Minor Under the Age of 15
An offense classified as a non-dangerous Category 1 Class 6 felony is eligible for probation. This category applies to individuals with no prior felony convictions, or if the State has not included any previous felony convictions due to factors such as plea negotiations. The following are considered convictions under this section as a non-dangerous Category 1 Class 6 felony:
- Eligible for probation
- Can receive up to 10 years of supervised probation
- In case of imprisonment:
The minimum sentence for this crime is four months in prison.
A sentence of one year in prison is considered presumptive.
The maximum prison sentence is limited to two years.
- License Suspension for Drivers
- Implementation of Ignition Locking System
- Revoking Driver's License
- Penalties, Charges, Additional Charges
DUI with a Minor Under 15 Years of Age Classified as Category 2 Aggravated
An individual who is charged with a non-dangerous Class 6 felony, categorized as Category 2, is not eligible for probation. This applies to those who have a previous felony conviction or if the State only claims one prior felony conviction for sentencing. The penalties for an Aggravated DUI as a Category 2 non-dangerous Class 6 felony are as follows:
- Imprisonment only (not eligible for probation)
The minimum sentence for this crime is 9 months in prison.
Possible Time in Prison: 1.75 Years
According to the maximum sentence, an individual can be imprisoned for a period of 2.75 years.
- Revoking of Driver's License
- Implementation of Ignition Interlock Device
- Driver's License Being Revoked
- Monetary Penalties, Charges, and Additional Fees
Aggravated DUI of Category 3 with Minor Under 15 in Presence
In contrast to a Category 2 offense, a non-dangerous Class 6 felony in Category 3 is not eligible for probation. Instead, individuals in Category 3 are subject to mandatory imprisonment. This penalty is applied if the person has been convicted of at least two previous felony offenses. This means that a non-dangerous Class 6 felony for Aggravated DUI in Category 3 will result in the following consequences:
- Prison is the only option, as probation is not available.
The minimum sentence for this crime is 2.25 years of imprisonment.
The expected sentence for the individual is a 3.75 year imprisonment.
The maximum sentence for this offense is 5.75 years of imprisonment.
- Revoking of Driver's License
- Implementation of Ignition Interlock System
- Payment of Fines, Fees and Additional Charges
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Choosing Huss Law, PLLC As Your Aggravated DUI Attorney in Arizona
With over two decades of experience, Jeremy L. Huss from Huss Law, PLLC has extensive knowledge and expertise in handling various Aggravated DUI cases in Arizona. He has served as lead counsel in numerous trials involving Aggravated DUIs with Minors Present. Additionally, Mr. Huss has trained law enforcement on proper procedures for conducting DUI investigations and addressing potential issues in the courtroom. He is also well-versed in DUI breath testing and the legal aspects of blood draws in Arizona DUI cases. Furthermore, Mr. Huss has specialized knowledge in DUI defenses, including the No Actual Physical Control defense. He also offers valuable tips on how individuals suspected of DUI can protect themselves during an investigation. If you are facing charges of DUI or Aggravated DUI in Arizona, do not hesitate to contact Huss Law, PLLC for immediate assistance.