Arizona law treats any DUI as a serious legal offense and public safety risk.
However, penalties for a DUI when a child is present in the car are far more severe than a standard misdemeanor DUI.
If an Arizona driver is pulled over and subsequently charged for a DUI with a blood alcohol content (BAC) over .08 and a minor in the car who is under 15 years of age, the driver will be charged with an aggravated DUI.
An aggravated DUI with a child under 15 is a Class 6 felony offense, regardless of whether it is a first or subsequent offense.
The penalties, however, can be increased if the driver has been convicted of previous DUIs.
A first offense aggravated DUI charge can lead to the following penalties:
- 2 years in jail and a mandatory minimum of 1 day in jail
- A minimum fine of $4,600
- A one-year driver’s license revocation
- Mandatory alcohol counseling
- Mandatory use of an ignition interlock device (IID) for two years post-conviction
A prior DUI offense will increase the mandatory minimum sentence from one day in jail to 30 days in prison, and two prior DUI offenses increases the minimum to four months in prison.
If the driver has a prior felony, then the minimum sentence can be increased to nine months, with a maximum prison sentence of two years and nine months.