What Happens If I Get a DUI with a Child Passenger in AZ?

If you are arrested for a DUI in Arizona, while you were driving with a child passenger under 15 years of age, you will be charged with an aggravated DUI. Any DUI offense involving a child under 15 in the vehicle is a Class 6 felony; however, the penalties for the offense depend on the driver’s blood alcohol content (BAC) level at the time of the arrest. 

BAC between .08 and .149 percent with a child passenger 

As we mentioned before, this is known as an aggravated DUI. A conviction of a first offense is punishable by a minimum jail term of 10 days, up to five years of probation, fines of up to $1,250, and driver’s license suspension for 90 days (with installation of an ignition interlock device [IID] for 12 months). 

BAC between .15 and .199 percent with a child passenger 

This type of offense is an “extreme DUI.” A conviction of a first-time extreme DUI carries a minimum 30-day jail sentence, up to five years of probation, fines of up to $2,500, driver’s license suspension for 90 days (with installation of an IID for 12 months), community service, as well as alcohol/drug counseling and treatment. 

BAC of at least .2 percent with a child passenger 

This type of offense is a “super extreme DUI.” A conviction of a first time super extreme DUI is punishable by a minimum jail term of 45 days, up to five years of probation, fines of up to $3,750, driver’s license suspension of 90 days (with installation of an IID for 18 months), community service, as well as alcohol/drug counseling and treatment. 

Not only does getting convicted lead to harsh penalties, but it can also result in having a felony on your permanent criminal record. Being a convicted felon can have a serious negative impact on your life, making it extremely hard to find a job, seek housing, and live a normal life. 

If you or a loved one has been charged with a DUI with a child passenger in Yuma, contact Bowman, Smith & Kallen today at (928) 433-2355 for a free initial consultation. Se habla español. 

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