How to Fight a DUI Charge with a Child in Arizona?

Being arrested for DUI charges involving a child and brought to a county jail can leave you feeling out of options. The criminal justice system can seem imposing and unforgiving, especially if you do not have legal representation. You may be wondering how to fight a DUI charge with a child in Arizona. You have options for fighting this serious criminal charge.

Understanding ARS § 28-1383 as It Applies to Child Passengers

In Arizona, DUI with a passenger under the age of 15 is considered Aggravated DUI under ARS § 28-1383 and is classified as a Class 6 felony. This elevates a standard or extreme DUI into a felony offense, carrying mandatory jail or prison time, fines, license revocation, and long-term consequences.

This classification is far more serious than the typical misdemeanor charge someone faces for a DUI when there are no aggravating factors involved. Mesa police alone recorded 2,932 DUI arrests in 2024, reflecting how aggressively these cases are pursued statewide, with over 27,700 DUI arrests made in Arizona during 2023 through 1.2 million traffic stops.

Arrests can happen anywhere, from busy corridors like Main Street in Mesa, Camelback Road in Phoenix, or Willow Creek Road in Prescott, and suspected drunk drivers are often booked at the Maricopa County Fourth Avenue Jail, 201 S. 4th Ave., Phoenix, AZ 85003, or the Yavapai County Jail, 2830 N. Commonwealth Drive, Camp Verde, AZ 86322.

Although ARS § 13-604 allows some Class 6 felonies to be reduced to misdemeanors, DUI cases involving children are treated differently. Because of the mandatory sentencing provisions written into DUI laws, courts generally do not have discretion to reduce these charges. Defendants can face strict felony-level penalties, which makes legal representation critical.

Effective Strategies for Fighting DUI Charges with a Child

Being charged with a crime does not ultimately mean that you will be found guilty of a serious offense. The criminal justice system is a venue where both sides to a criminal case present evidence and arguments. One defense strategy could focus on scrutinizing the traffic stop itself.

Police are required to follow strict rules aimed at protecting your constitutional rights. They cannot pull you over without a reason. If the arresting officer lacked reasonable suspicion to initiate a stop or if they never had probable cause to arrest you, the state’s case may be greatly weakened.

Your attorney can also examine whether field sobriety tests or chemical tests were administered properly. Breathalyzer devices must be calibrated and maintained according to regulations. If the devices were not regularly checked, that could help your case.

Field sobriety tests are often unreliable. The non-scientific tests can also be administered improperly, which could call into question any results from the tests. In some cases, medical conditions or medications could lead to a failed field sobriety test.

Although this type of criminal charge does not have exceptions for emergencies where a parent may not have planned on having to drive but had to do so due to an emergency, those mitigating circumstances can be weighed at court. As with other DUIs, defendants can help their case by complying with the court process and addressing substance use problems by enrolling in treatment.

Why Anyone Facing Aggravated DUI Charges Should Hire a DUI Lawyer?

Anyone charged with aggravated DUI should hire an Arizona DUI lawyer who understands Arizona’s DUI laws and how to navigate DUI cases. With representation from a DUI attorney, you can find the right legal defense strategy to have your charges reduced or potentially dropped altogether.

Attorneys bring years of courtroom experience. After reviewing the evidence, they can advise you on whether you should focus on aggressively fighting your charges, negotiate a plea deal, or take the case to trial, where a jury or judge decides the matter.

FAQs About DUI Charge with a Child

How Do You Get a DUI Dismissed in Arizona?

A DUI can potentially be dismissed if a defense attorney successfully challenges the legality of the traffic stop, questions the accuracy of breath or blood tests, or exposes procedural errors by police. If you are facing criminal charges, having the support of an experienced defense attorney can make a significant difference in the outcome of your case. Attorneys bring years of experience handling complex cases.

Is It Wise to Fight a DUI Without a Lawyer?

No. Arizona has some of the toughest DUI laws in the country, with mandatory penalties even for first offenses. Representing yourself in court means that you could be overlooking certain defense strategies or procedural mistakes that could protect you. An experienced DUI lawyer can identify weaknesses in the prosecution’s case and negotiate reduced penalties or even a dismissal of your case.

What Can I Do to Reduce My Sentence for Alcohol Charges in Arizona?

You can reduce your sentence for alcohol charges in Arizona by working with a DUI attorney early, giving you the strongest chance at reducing your sentence. Your attorney’s options include negotiating a plea deal, entering alcohol treatment programs, or completing community service. Judges may consider proactive steps such as counseling or compliance with the court process favorably.

What Is a Common Sentence After a DUI Conviction?

A first-time DUI conviction in Arizona usually includes license suspension, fines, mandatory jail time, alcohol education classes, and installation of an ignition interlock device. Repeat offenses bring longer jail or prison terms, higher fines, and longer license revocations. The actual sentence upon conviction is based on the judge’s discretion (within state guidelines) that considers blood alcohol concentration, prior history, and whether aggravating factors were present.

Contact a DUI Criminal Defense Attorney in Arizona Today

Facing a DUI charge with a child passenger in Arizona can bring harsh penalties and lasting consequences. These cases are prosecuted aggressively because they fall under child endangerment laws. The effectiveness of your legal representation can greatly improve your chances of avoiding serious consequences under the law.

At Grand Canyon Law Group, our attorneys bring years of experience as former prosecutors, backed by a track record of favorable results in DUI and child endangerment cases. Our 10.0 Avvo Rating, Rising Stars recognition, and A+ BBB accreditation highlight our experience and authority in the criminal defense field. Contact us today for a consultation and protect your future with proven advocates.