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).