June 11, 2009

Consequences of a DUI with Kids in the Car?

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

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. (see Consequences of a Felony Conviction in this blog)

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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