DUI & Criminal Defense

2501 North 7th Street
Phoenix, AZ 85006

Aggravated DUI: Child in Car [Updated 2020]

AGGRAVATED DUI (Child in Car):

DUI with a child in the vehicle under the age of 15.

An Arizona misdemeanor DUI can be transformed into a felony if there is a child in the vehicle.

Arizona Revised Statutes 28-1383(3).

Arizona law makes a DUI a felony, if at the time of the offense, there is a child under the age of 15 in the car. The statute, A.R.S. 28-1383(A)(3) (Aggravated driving or actual physical control while under the influence), provides:

A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

While a person under fifteen years of age is in the vehicle, commits a violation of either:

(a) Section 28-1381 [DUI]

(b) Section 28-1382 [Extreme DUI]

See A.R.S. 28-1383(3).

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