Menu Close Menu

Aggravated DUI with a minor present.

28-1383. Aggravated driving or actual physical control while under the influence; violation; classification;

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

3. While a person under fifteen years of age is in the vehicle, commits a violation of either:(a) Section 28-1381.(b) Section 28-1382.

This is a class 6 felony.  There is no automatic prison sentence.

A person charged under this statute needs an experienced attorney.  Some attorneys do not understand that if the Defendant has no priors this charge can be treated as a misdemeanor by the judge.  Do not plead guilty to an Aggravated DUI with a Minor Present without consulting an experienced attorney.

The MVD consequences of an Aggravated DUI with a Minor Present can also be mitigated even if a person is found guilty.  An experienced attorney can guide a defendant through the process so that the punishment is the very least allowed by law.

The Law Office of Michael A. Burkhart

Michael A. Burkhart has over ten years of experience defending the accused throughout Phoenix, including cases in Mesa, Maricopa County, Tempe, Gilbert, Chandler, and Queen Creek.


Arizona has the toughest DUI laws in the country. The State will try to put you in jail for up to six months, take away your license, make you pay thousands of dollars in fines, go through alcohol classes, and put an alcohol sensor on your car.