DUI Child in Car AZ Aggravated DUI Class 6 Felony

Have you been charged with a DUI and a child under 15 years of age was in the car? Then you are facing an Aggravated DUI Class 6 Felony. Watch this video to learn more.

DUI Child in Car AZ Aggravated DUI Class 6 Felony

Start Transcript
This is Burges McCowan. In this video, I’m going to talk about aggravated DUI with a child on the car.

ARS 28-1383 is the statute for aggravated DUI, with a child on the car makes it a class 6 felony. When I say child, I’m talking about someone under 15. Any child under 15 is going to make it an automatic felony.

It doesn’t matter if you’ve never been charged of anything before, never had any other DUIs. If you had a child on the car, even if it’s your first time, it’s going to be charged as a felony. It’s a class 6 felony. The fines and fees and jail time can all be the same as a misdemeanor DUI.

The problem is that this will be a felony which affects not only employment for many people but also your right to vote and your right to bear arms. A felony carries with it major consequences. What you want to try and do on a case like this is if you can defend it outright, great. But otherwise, you want to try to get that down to a misdemeanor.

There is something in Arizona called undesignated felony and that’s what you want to be striving for with a case like this. I have a whole another video that describes what undesignated felony is. But the key is if you have a case like this where you’ve been charged of a DUI and you have a kid in the car, you need an attorney who knows how to navigate that system and try to get that undesignated felony for you.

I’m one of those attorneys. I can help you. I offer free consultations. Give me a call.
End Transcript