ARS 28-1383 (A)(3) Minor (under 15) in the Vehicle

Arizona Extreme DUI Defense From The Shah Law Firm

Being charged with an extreme DUI charge under ARS 28-1383 (A)(3) can be daunting.

In this article, we’ll cover the following topics:

• What Does ARS 28-1383 (A)(3) in Arizona Law State About DUI With a Minor in the Vehicle?
• How Does the Presence of a Minor Under 15 Influence a DUI Case?
• What Distinguishes a Standard DUI from a DUI Committed with a Minor Under 15 in the Vehicle?
• How Might a DUI Charge with a Minor Affect Custody or Visitation Rights in Arizona?
• Is it Possible to Have ARS 28-1383 (A)(3) Charges Reduced or Dismissed?
• What Are the Specific Penalties for Breaching ARS 28-1383 (A)(3) in Arizona?
• Top 5 FAQs About ARS 28-1383 (A)(3)

It is essential to remember that being charged is not the same as being convicted. Solid legal representation can help protect your rights, challenge evidence, and navigate the complexities of the legal system.

The Shah Law Firm’s experienced DUI defense attorneys are here to help you.

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What Does ARS 28-1383 (A)(3) in Arizona Law State About DUI With a Minor in the Vehicle?

ARS 28-1383 (A)(3) in Arizona law identifies a serious DUI offense where a driver under the influence of alcohol or drugs carries a minor, specifically a child under 15, in the vehicle.

Tagged as “aggravated DUI,” this offense level is a significant escalation from standard DUI offenses outlined in ARS 28-1381 and 28-1382.

The underlying rationale for this law is the enhanced safeguarding of children who cannot protect themselves and depend on adults for their safety.

How Does the Presence of a Minor Under 15 Influence a DUI Case?

The presence of a minor under 15 during a DUI case profoundly changes the landscape of the offense.

A typical DUI, profound in its own right, takes an upward turn in severity when a child is in the vehicle.

As such, the charge escalates to an extreme DUI, which is a felony and introduces more stringent penalties.

Moreover, a DUI involving a minor can profoundly impact familial relationships and societal perceptions, often leading to more severe repercussions beyond those levied by the court.

What Distinguishes a Standard DUI from a DUI Committed with a Minor Under 15 in the Vehicle?

Arizona law distinguishes between a standard DUI and a DUI with a minor under 15 in the vehicle primarily by the severity of the charges and the associated penalties.

A standard DUI, as outlined in ARS 28-1381 and 28-1382, is typically a misdemeanor, while a DUI under ARS 28-1383 (A)(3) is classified as a felony.

How Might a DUI Charge with a Minor Affect Custody or Visitation Rights in Arizona?

In Arizona, a DUI charge with a minor in the vehicle can damage parental custody or visitation rights.

Family courts prioritize the child’s best interest when making custody decisions.

Therefore, a DUI charge involving a minor in the vehicle can raise questions about a parent’s ability to provide a safe environment, potentially leading to unfavorable custody or visitation rulings.

Is it Possible to Have ARS 28-1383 (A)(3) Charges Reduced or Dismissed?

While ARS 28-1383 (A)(3) charges are serious, it’s not unheard of for such charges to be reduced or even dismissed.

Experienced legal representation makes it possible to scrutinize the case details, analyze law enforcement procedures, and question the evidence. Such scrutiny can lead to a defense strategy for charge reduction or dismissal.

What Are the Specific Penalties for Breaching ARS 28-1383 (A)(3) in Arizona?

Arizona law imposes stern penalties for individuals found guilty of violating ARS 28-1383 (A)(3).

These repercussions include significant jail time spanning several months to years, expensive fines often reaching thousands of dollars, compulsory installation of an ignition interlock device in all vehicles driven by the offender, mandated attendance at alcohol education classes, and prolonged driver’s license suspension. 

Committing an offense under this statute is considered a Class 6 felony, marking it as more severe than a mere misdemeanor.

The consequences could include the following, among other potential penalties:

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