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

Under Arizona law, ARS 28-1383 (A)(3) considers a person guilty of an extreme DUI if a minor is in the car during the DUI charge.


This page will discuss all that you need to know about being charged with ARS 28-1381 in Arizona, including a breakdown of the Penalties, Fees and DUI defenses to help get your charges reduced or even dismissed!


Continue reading below. If you have any questions, contact DUI attorney Arja Shah today.


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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:

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.




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:


Mandatory Jail Time

A minimum of 180 days confined in jail.



Financial Burdens

Fines reaching as high as $4,000.



Drivers License Suspension

A driver’s license suspension for at least a one-year duration.

Top 5 FAQs About ARS 28-1383 (A)(3)

Below are the most common questions we are asked when a person has been arrested and charged with a DUI with a minor in the vehicle.

Can a first-time offender be charged under ARS 28-1383 (A)(3)?

Yes, even first-time offenders can be charged under ARS 28-1383 (A)(3) if they are caught driving under the influence with a minor under 15 in the vehicle. The law doesn’t distinguish between first-time or repeat offenders in this case.

Does ARS 28-1383 (A)(3) apply if the driver is under the legal drinking age?

Absolutely, ARS 28-1383 (A)(3) applies to all drivers, irrespective of their age. If an underage driver is caught driving under the influence with a passenger under 15 years old, they can be charged under this statute.

What defense strategies can be employed for charges under ARS 28-1383 (A)(3)?

Defense strategies can range from challenging the legality of the traffic stop, questioning the accuracy of sobriety tests, or disputing the BAC results. An experienced DUI defense attorney can evaluate your case and identify the best defense strategy for your situation.

How does ARS 28-1383 (A)(3) affect my insurance?

A conviction under ARS 28-1383 (A)(3) will likely lead to a significant increase in your insurance premiums. The severity of the offense could also affect the duration of the increased rates.

Can charges under ARS 28-1383 (A)(3) ever be expunged or set aside?

It is possible, under certain circumstances, for charges to be set aside or even expunged, but it largely depends on the specific details of your case and your criminal history. Consult with a skilled DUI defense attorney to explore all available options.

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