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Phoenix Aggravated DUI With Child Lawyer
Aggravated DUI With Child Attorney in Phoenix, AZ
Being charged with aggravated DUI while transporting a child is one of the most serious impaired driving offenses under Arizona law. The charge elevates a DUI, which is typically a misdemeanor, to a felony. Anyone facing this serious criminal charge can rely on the legal services of a Phoenix aggravated DUI with child lawyer.
A seasoned Phoenix DUI lawyer has years of experience in these cases. They can use their knowledge of aggravated DUI with child laws to protect clients from the most serious consequences of driving with a child in the vehicle.
A Criminal Defense Team Dedicated to Protecting Your Future and Freedom
Being charged with an aggravated DUI while a child was in the vehicle is one of the most serious DUI offenses someone can face in Arizona. Prosecutors often seek felony convictions and mandatory jail time for anyone convicted of this offense. At Grand Canyon Law Group, we understand the high stakes involved. A Phoenix criminal defense lawyer from our team can provide a strategic defense focused on protecting our clients’ rights, freedom, and future.
Our attorneys are highly accomplished and recommended. Ryan McPhie has an Avvo rating of 10.0, and David Lish has finished the rigorous DUI Detection and SFST Program. Our firm, which is staffed by a former prosecutor, has earned dozens of five-star reviews from past satisfied clients, for whom we secured favorable outcomes in their cases.
Understanding Aggravated DUI With Child Stats in Arizona
Aggravated DUI charges in Arizona apply when a driver is accused of operating a vehicle under the influence while a child under 15 is present. These charges carry enhanced penalties, including mandatory jail time and felony classification. In 2023, law enforcement across Arizona made 27,733 DUI arrests, including 4,363 aggravated DUI arrests, marking an increase from 4,014 in 2021.
Drivers in Phoenix neighborhoods like Ahwatukee Foothills, Deer Valley, and Maryvale may face prosecution in the Maricopa County Superior Court. If booked, defendants are typically held at the Fourth Avenue Jail, located at 201 S. 4th Ave., Phoenix, AZ 85003. Legal representation is critical when facing these serious accusations.
Criminal Defense Strategies Against Aggravated DUI Charges
Criminal defense strategies for aggravated DUI charges often focus on challenging the evidence used to justify the stop, arrest, or charge enhancement. A defense lawyer may scrutinize the results of breath or blood tests to uncover issues with calibration, contamination, or improper administration.
If a child was present in the vehicle, the attorney may argue that the child was not placed in actual danger. They might also assert that the defendant was unaware of their impairment. Other defenses may include:
- Questioning whether the driver’s rights were violated during the arrest process
- Proving how the conduct did not rise to the level of aggravation under Arizona law
These strategies can reduce or eliminate the most serious penalties of a felony DUI conviction.
Why You Need to Hire an Aggravated DUI With Child Lawyer?
Facing a felony charge can leave you feeling like you’ve run out of options. A Phoenix aggravated DUI with child attorney can fight your charges. Their work can keep you from facing the prospect of serious penalties under the law.
The decision to hire an aggravated DUI with child lawyer can lead to a negotiated plea bargain agreement that allows you to put the ordeal behind you. If the prosecution lacks sufficient evidence to prove that you committed the offense, your attorney can work to have your charges reduced or dropped.
If needed, your attorney can take the case to trial, where a judge or jury decides whether the accused is wrongfully charged. Legal representation is critical for protecting your rights and future.
FAQs
Q: What Happens If You Get a DUI With a Child in the Car in Arizona?
A: In Arizona, driving under the influence with a passenger under 15 years old is charged as an aggravated DUI, a felony offense. This charge can result in mandatory jail time, license revocation, high fines, and the installation of an ignition interlock device. The presence of a child significantly increases the severity of the case, and a conviction can carry long-term consequences, including a permanent criminal record.
Q: Is It Worth Hiring a Lawyer for an Aggravated DUI With a Child in Arizona?
A: Yes. Aggravated DUI charges carry harsher penalties than standard DUI offenses, especially when a child is involved. A lawyer can evaluate police procedures, challenge the traffic stop or BAC results, and work to reduce or dismiss charges. Legal representation is critical in felony DUI cases to avoid lengthy jail time, protect driving privileges, and prevent permanent damage to a person’s record and reputation.
Q: What Is the Difference Between a DUI and an Aggravated DUI?
A: A standard DUI in Arizona is usually charged as a misdemeanor. A DUI becomes “aggravated” when certain conditions apply, such as driving on a suspended license, having multiple prior DUI convictions, or transporting a child under 15.
Aggravated DUIs are felonies and carry much more severe penalties, including longer jail sentences, mandatory treatment, and license revocation. Prosecutors aggressively pursue convictions when dealing with these types of cases in Phoenix, AZ.
Q: What Are the Aggravating Factors That Can Turn a DUI Into a Felony in Arizona?
A: A DUI becomes aggravated in Arizona when certain factors are present. These include:
- Driving with a suspended license
- Having two prior DUIs within seven years
- Refusing a breath test while under an ignition interlock order
- Having a passenger under 15
Any one of these circumstances can turn a misdemeanor into a felony offense, with mandatory jail time, increased fines, and long-term consequences.
Speak With a Phoenix Aggravated DUI Lawyer Today
Being charged with a crime does not mean that you will ultimately be convicted of a serious offense or suffer the harshest penalties under the law. With legal representation from Grand Canyon Law Group, you can fight your charges by allowing your attorney to thoroughly review the evidence. They can find weaknesses or inconsistencies that prevent the state from proving your guilt beyond a reasonable doubt. They can also provide compelling representation to defend you. Contact our office today to schedule your consultation.
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