Wednesday, July 1, 2009

DUI with Kids in the Car (Aggravated DUI) in Arizona



This article is provided by The Law Office of Karl A. Mueller, PLC http://www.aztriallawyer.com/

Many people are surprised to find themselves charged with a felony after being stopped and charged with their very first DUI. In Arizona if the State can prove the elements of DUI and additionally that you had a child under fifteen (15) years of age in the vehicle at the time, then you will find yourself facing a felony. Consequences of a felony conviction can negatively impact many aspects of your life.

A DUI with kids in the car is called the crime of Aggravated DUI. It is also known as Aggravated DUI with kids in the car, Aggravated DUI with children, or Aggravated DUI a class 6 felony. There are two other types of Aggravated DUI, but this particular type is a class 6 felony in Arizona. In Arizona, a class 6 felony is the least serious class of felony, but a felony none the less.

A felony is usually defined as a crime that is punishable by imprisonment for more than a year, or a crime that is punishable by death or a prison sentence served in a state penitentiary.

Beyond mandatory fines, classes, jail, probation and possible prison, consequences of a felony conviction may include:

Loss of the right to possess a firearm

Loss of the right to vote in elections

Immigration ineligibility

Ineligibility for elected office

Ineligibility for professional licenses

Ineligibility for housing

Ineligibility to serve as a juror

Ineligibility for public benefits

Ineligibility for educational benefits

Negative impact on parental rights

Negative impact on divorce proceedings

Negative impact on employment

Negative impact on credit

Criminal Record

Criminal Registry

Negative social stigma

In Arizona, a conviction for Aggravated DUI with kids in the car will also lead to the Motor Vehicle Division (MVD) revoking your driver’s license for a minimum of three (3) years. A revoked license means you cannot drive at all until your license is re-instated. If your license is revoked for Aggravated DUI with kids in the car, you are not eligible to apply for re-instated driving privileges for a minimum of three (3) years.

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