Getting charged with a DUI is already a stressful and overwhelming experience, and having a DUI with a child in the car can make it feel even more devastating.
With the added worries of how this will affect your child, the possibility of losing custody or facing other legal consequences, it’s natural to feel unsure about what to do next.
Our goal is to help you better understand the charges brought against you and shed some light on the options available to you so that by the end of this guide, you feel confident to make those informed decisions with clarity.
Understanding a DUI With a Child in the Car
Being charged with a DUI with a child in the car means you were not only driving under the influence but also had a child under the age of 15 with you, putting that child in danger.
In many states, this type of situation can result in a child endangerment charge, and with how strict Arizona’s DUI laws are, you could be facing even harsher legal consequences compared to other states.1
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Penalties for a DUI with a Child in Arizona
When you get a DUI with a child in the car, the penalties are often much more severe due to the increased risk to the child’s life and well-being.
Here are some of the penalties you can face in Arizona:
- Suspended License: 90+ days, depending on history and severity
- Reinstatement requires DUI education, paying fees, and an ignition interlock device.
- Fines and Penalties: Vehicle impoundment for up to 30 days
- Towing fees from $150 to $250
- Storage fees of $15 to $20 per day
- Potential Jail Time: Jail time depends on your BAC level and prior convictions.
- 10 to 90 days minimum
- Up to 2 years if charged with child endangerment
- Even Longer sentences for prior DUI convictions
- Child Endangerment: is a Class 6 felony in Arizona that brings a variety of long-term consequences, including: 2
- Prison for up to 2 years
- Mandatory counseling and probation
- A permanent addition to your record that can affect employment, housing, and child custody
- Stigma, as a felony conviction, can affect personal relationships and prospects
Quick Tip
AZ Law: Impaired Driving with Passenger Under the Age of 15 in the Vehicle
Under ARS 28-1383(A)(3), driving under the influence with a child under 15 in the vehicle is classified as an aggravated DUI in Arizona. This offense is a Class 6 felony, carrying a mandatory minimum jail sentence of up to 180 days and/or a maximum fine of $4,000.3
Impact on Custody and Parental Rights
The consequences of getting a DUI with your child in the car can impact your custody and parental rights.
Family courts may view a child endangerment conviction as evidence that you are an unfit parent, seeing you as a potential danger or risk to your child, which could lead to some of the following outcomes:
- Challenges to custody or visitation: The court may question your ability to maintain custody or regular visitation.
- Involvement of the Department of Child Safety (DCS): DCS could intervene, possibly leading to temporary or long-term custody changes.
- Loss of parental rights: In extreme cases, you may face the complete loss of parental rights.
- Reduced visitation: Even if you maintain parental rights, your visitation may be restricted or supervised.
- Long-term impact on your relationship: These legal battles can strain your relationship with your child, making it crucial to seek legal advice to protect your parental rights.
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What To Do If You Get a DUI With Your Child in the Car
Facing a DUI with a child in the car is overwhelming, but by focusing on your child’s safety and addressing legal concerns quickly, you can navigate the situation more effectively. Here’s how:
- Ensure Your Child’s Safety: Have a trusted family member or friend ready to care for your child. If no one is available, Arizona’s Department of Child Safety (DCS) may take temporary custody, adding stress to the situation.
- Get Legal Help: An experienced DUI lawyer is essential. They can guide you through the charges and legal process while working to reduce penalties, especially in cases involving child endangerment.
- Use Additional Resources: Consider attending AA meetings, support groups, or similar programs to show your commitment to change and accountability.
The Importance of DUI Classes and Treatment
DUI classes and treatment are essential for anyone facing a DUI charge, especially when a child is present in the vehicle.
Driving under the influence not only endangers the driver but also places passengers and others on the road at significant risk.
When a child is involved, the consequences become even more serious, often leading to more severe legal and personal ramifications.
DUI classes provide critical education on the effects of alcohol and drugs on decision-making and driving abilities, while treatment offers a path to addressing underlying issues related to substance use.
These programs not only help individuals make safer choices but also work to prevent future incidents, creating a safer environment for everyone—especially the most vulnerable, like children.
Frequently Asked Questions
What are the legal consequences of a DUI with a child in the car in Arizona?
How can completing DUI classes help reduce penalties after a DUI with a child in the car?
Why is seeking alcohol treatment important after a DUI with a child in the car?
Key Takeaways
- Key Takeaways
- A DUI with a child in the car is a severe offense that can have long-lasting legal and personal consequences.
- You can face up to two years in jail for child endangerment.
- The legal blood-alcohol limit in Arizona is 0.08 percent.
- DUI charges with a child are elevated when the passenger is under the age of 15.
- Seeking legal counsel, attending DUI classes, and getting alcohol treatment are can help minimize the consequences.
Moving Forward with Accountability
Getting charged with a DUI with a child in the car can be scary.
After such an occurrence, taking proactive steps like completing DUI classes and seeking alcohol treatment can make all the difference.
These actions not only fulfill legal requirements but also demonstrate accountability to the court and, more importantly, to your child and yourself.
Taking those first steps to address the underlying issues that contributed to your arrest can be challenging, but you are not alone.
With our compassionate and supportive team at Cornerstone, you can move forward with confidence, increasing your chances of preventing future incidents and building a better future for yourself and your family.
