Let Skilled DUI Defense Attorneys Defend You Against Child Abuse and Endangerment Charges

Aggressive defenses to Arizona aggravated DUI and companion charges

Having a child in the car with you when you are arrested for DUI increases the drunk driving charge to a felony and usually subjects you to the additional charges of child abuse or child endangerment. An aggravated DUI that is predicated on the presence of a child in the vehicle is a class six felony. If you are charged under these provisions, you need to take aggressive action to avoid a lengthy prison sentence and a felony on your record.

Nesci & St. Louis, PLLC is one of the best known, most respected DUI defense firms in Pima County. Our criminal defense team in Tucson has a reputation nationwide for successfully challenging complex DUI issues and winning difficult cases. We reach the best outcome possible in your aggravated DUI and child endangerment charges.

Aggravated DUI felony charges

Under Arizona Revised Statute (A.R.S.) section 28.1383, DUI is charged as a felony when certain aggravating factors exist. One such aggravator is that you were DUI while you had a child under the age of 15 in the car with you. The state must prove the aggravating factor in addition to the elements of A.R.S. section 28-1381 or 28-1382, as follows:

A.R.S. section 28-1381(A)(1)

  • You were driving, or were in actual physical control of, a motor vehicle within Arizona.
  • You were under the influence of alcohol or drugs or any combination of the two.
  • You were impaired to the slightest degree.

A.R.S. section 28-1381(A)(2)

  • You were driving, or were in actual physical control of, a motor vehicle within Arizona.
  • You had a blood or breath alcohol content (BAC) of .080 or more within two hours of driving.
  • Your blood or breath alcohol content resulted from alcohol consumed prior to or while driving, not after you stopped driving.

A.R.S. section 28-1382(A)(1) — often referred to as extreme DUI — involves a charge that you drove with a BAC of between .15 and .20. An arrest under A.R.S. section 28-1382(A)(2) — called super extreme DUI — asserts that you drove with a BAC of .20 or greater.

Child abuse laws in Arizona

In addition to the charge of aggravated DUI under A.R.S. section 28.1383(A)(3), you are likely to be charged with child abuse or child endangerment. Presentation of a companion charge may influence the jurors, and conviction can result in a much higher sentence. Our criminal defense attorneys act strategically and decisively to minimize the impact of these prejudicial charges on your case.

Consult with our DUI attorney in Tucson, AZ about your aggravated DUI and child endangerment charges

For a strong defense in your aggravated DUI, child endangerment or child abuse case, call Nesci & St. Louis, PLLC today at 520.777.0235 or contact us online to schedule your free initial consultation.