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DUI Child Abuse

Aggressive Defense Against AZ Aggravated DUI & Companion Charges

Having a child in the car with you when you are arrested for DUI increases the charge to a felony and usually subjects you to the additional charge of felony child abuse – there is no requirement that you have been in an accident, or that the child has suffered harm. An aggravated felony DUI charge that is predicated on the presence of a child in the vehicle is a class six felony, but child abuse is typically charged as a higher class 5 felony. If you are charged with these offenses, then you need to take immediate and aggressive action to avoid having a felony on your record and suffering the consequences of such a conviction.

Nesci & St. Louis is one of the best known, most highly respected DUI defense firms in the United States. Our criminal defense team in Tucson has a reputation nationwide for successfully challenging complex DUI issues and winning difficult cases. We will fight to obtain the best outcome possible in your aggravated DUI and child endangerment charges.

Click here to review the Do's & Don'ts when pulled over for a suspected DUI.

Aggravated DUI Felony Charges

Under Arizona Revised Statutes (A.R.S.) § 28-1383, DUI is charged as a felony when there is a minor under the age of 15 in the car. The state must prove this aggravating factor, in addition to proving the elements of a DUI, either A.R.S. § 28-1381 or 28-1382, as follows:

DUI – Driving While Impaired: A.R.S. § 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.

DUI – Driving with a BAC of .08 or Above: A.R.S. § 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.

DUI – Drugs: A.R.S. § 28-1381(A)(3)

  • You were driving, or were in actual physical control of, a motor vehicle in Arizona.
  • You had an illegal or prescription drug, or its metabolite in your system (It is a defense if you were taking the medication as prescribed).

Extreme DUI: A.R.S. § 28-1382(A)(1)

  • You were driving, or were in actual physical control of, a motor vehicle within Arizona.
  • You had a blood or breath alcohol content (BAC) above .15 but below .20 within two hours of driving.
  • Your blood or breath alcohol content resulted from alcohol consumed prior to or while driving.

Super Extreme DUI: A.R.S. § 28-1382(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) above.20 within two hours of driving.
  • Your blood or breath alcohol content resulted from alcohol consumed prior to or while driving.

Child Abuse Laws in Arizona

In addition to being charged with aggravated (felony) DUI under A.R.S. § 28-1383(A)(3), for driving with a minor under the age of 15 in your car, you are likely to be charged with child abuse. There is no requirement that you have been in an accident or that the child was actually harmed. You can be charged with child abuse, a class five felony, if you recklessly placed a minor in a situation where the minor’s health was endangered. Of course, the crime of child abuse carries a very real stigma in our society. Our Tucson DUI attorneys will act decisively to challenge these prejudicial charges in your case, and to obtain the best result possible in your case.

Consult with our DUI attorney in Tucson, AZ about your aggravated DUI and child endangerment charges. Call Nesci & St. Louis today at (520) 999-2441 or contact us online to schedule your free initial consultation.

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