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Aggravated DUI with a Minor under the Age of 15 in the vehicle is a Class 6 Felony in Arizona. Indeed, this Aggravated DUI theory is the only felony DUI in Arizona punishable as a Class 6 Felony. Rather, the other four Arizona Aggravated DUI theories are all punishable as Class 4 Felonies. However, although this is Arizona’s lowest class felony DUI, a conviction still carries significant penalties.
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Arizona defines and punishes this Aggravated DUI theory under A.R.S. 28-1383(A)(3). It requires a person to (1) drive or be in actual physical control of a motor vehicle; (2) while impaired or with a blood alcohol content greater than .08%; (3) while a minor under the age of 15 years old is present in the vehicle. As discussed, a conviction under this section is for a Class 6 Felony. Moreover, unlike three of the four Class 4 Felony theories, punishment under this section does not require a four month prison sentence as a term of probation.
Indeed, the State could charge child abuse under this set of facts. However, the State does not typically charge child abuse here. Nevertheless, it is important to keep this possibility in mind. Along with the possibility of causing injury to another through a vehicular offense. These types of results are why the State prosecutes these offenses so vigorously.
Conviction for Aggravated DUI with a Minor Under Age of 15
The consequences of a Class 6 Felony Aggravated DUI carries severe penalties. Although this section does not require prison as a term of probation, the ramifications of a conviction are far-reaching and could have a major impact on a person’s liberty and livelihood.
Category 1 Aggravated DUI with a Minor Under Age of 15
A non-dangerous Category 1 offense as a Class 6 felony is probation eligible. One falls within Category 1 if the person has no prior felony convictions, or the State has not alleged the prior felony conviction(s) for any number of reasons (i.e., plea negotiations). A conviction under this section as a Category 1 non-dangerous class 6 felony are the following:
- Probation Eligible
- Up to 10 years supervised probation
- If sentenced to prison:
Minimum Sentence: 4 Months Prison
Presumptive Sentence: 1 Year Prison
Maximum Sentence: 2 Years Prison
- Driver’s License Revocation
- Installation of Ignition Interlock Device
- Revocation of Driver’s License
- Fines, Fees, Surcharges
Category 2 Aggravated DUI with a Minor Under Age of 15
A Category 2 offense as a non-dangerous Class 6 felony is not probation eligible. Indeed, a person falls within Category 2 if they have at least one allegeable prior felony conviction, or the State only alleges one prior felony conviction for sentencing purposes. The consequences for an Aggravated DUI as a Class 6 non-dangerous felony, Category 2 are the following:
- Prison only (not probation eligible)
Minimum Sentence: 9 Months Prison
Presumptive Sentence: 1.75 Years Prison
Maximum Sentence: 2.75 Years Prison
- Driver’s License Revocation
- Installation of Ignition Interlock Device
- Revocation of Driver’s License
- Fines, Fees, Surcharges
Category 3 Aggravated DUI Minor Under 15 Present
Like a Category 2, a Category 3 offense as a non-dangerous Class 6 felony is not probation eligible. Rather, a person falling within Category 3 faces significant mandatory prison. Indeed, one is punished per Category 3 if the person has at least 2 (or more) allegeable prior felony convictions. Specifically, the consequences for a Category 3 Aggravated DUI as a non-dangerous Class 6 felony is:
- Prison only (not probation eligible)
Minimum Sentence: 2.25 Years Prison
Presumptive Sentence: 3.75 Years Prison
Maximum Sentence: 5.75 Years Prison
- Driver’s License Revocation
- Installation of Ignition Interlock Device
- Fines, Fees and Surcharges
Related DUI Topics
Huss Law, PLLC As Your Arizona Aggravated DUI Attorney
Jeremy L. Huss of Huss Law, PLLC has over 20 years experience handling all types of Aggravated DUI cases in Arizona. Specifically, he has been lead trial counsel in numerous Aggravated DUIs with Minors Present. Moreover, Mr. Huss has trained law enforcement in conducting DUI investigations and courtroom issues that may come up. Also, Mr. Huss is knowledgeable on DUI breath testing issues and potential issues surrounding blood draws. In addition, Mr. Huss has expert knowledge in DUI defenses, including No Actual Physical Control. Mr. Huss also provides sound expert tips concerning the best way a person suspected of DUI can protect themselves during a DUI investigation. Indeed, any person charged with DUI or Aggravated DUI in Arizona should call Huss Law, PLLC immediately.