Being charged with a DUI While Transporting a Minor in Arizona is an extremely serious offense. Arizona has some of the toughest DUI laws in the country, and when a minor is involved, the penalties become even more severe. If you are facing this charge in Goodyear, it is crucial to act fast and seek experienced legal representation.
At AZ DUI Pros, we understand the complexities of Arizona DUI laws and have successfully defended countless individuals facing serious DUI charges. If you or a loved one has been arrested for a DUI While Transporting a Minor, call us immediately at (602) 922-3755 to discuss your case and explore your defense options.
This article will cover everything you need to know about this charge, including potential penalties, legal defenses, relevant Arizona laws, and hypothetical scenarios that illustrate the seriousness of the offense.
Understanding DUI While Transporting a Minor in Arizona
Under Arizona Revised Statutes (ARS) § 28-1383, a DUI While Transporting a Minor is classified as an aggravated DUI offense. This means that in addition to standard DUI penalties, you could be facing felony charges.
A person commits DUI While Transporting a Minor if they:
- Are operating a vehicle under the influence of alcohol, drugs, or any intoxicating substance
- Have a Blood Alcohol Concentration (BAC) of 0.08% or higher (or 0.04% for commercial drivers)
- Have a minor under the age of 15 in the vehicle at the time of the arrest
Even if this is your first DUI offense, the presence of a minor in the car escalates the charge to a felony.
How Law Enforcement Detects and Prosecutes DUI While Transporting a Minor Cases
Arizona law enforcement takes DUI While Transporting a Minor cases very seriously. Officers are highly trained in detecting impaired drivers, and prosecutors pursue these cases aggressively due to the presence of a minor in the vehicle. Understanding how DUI stops occur and how cases are built against drivers can help you identify potential defenses if charged.
How Police Identify and Stop DUI While Transporting a Minor Cases
Most DUI While Transporting a Minor arrests begin with a traffic stop. Officers look for signs of impairment, including:
- Swerving or drifting between lanes
- Erratic braking or inconsistent speed
- Failure to signal or obey traffic signals
- Driving too slowly or too fast
If an officer suspects DUI While Transporting a Minor, they will immediately assess the situation upon approaching the driver. When they notice a child in the vehicle, their level of scrutiny increases.
Field Sobriety and Chemical Tests
Once stopped, officers conduct field sobriety tests to assess impairment. These tests include:
- Horizontal Gaze Nystagmus (HGN) Test – Examining involuntary eye movements
- Walk-and-Turn Test – Checking for balance and coordination issues
- One-Leg Stand Test – Evaluating a driver’s ability to maintain balance
If the officer believes there is probable cause, they will administer a breathalyzer test or request a blood test. If the BAC exceeds 0.08% (or 0.04% for commercial drivers), the driver will be arrested for DUI While Transporting a Minor under ARS § 28-1383.
How Prosecutors Build DUI While Transporting a Minor Cases
Once charged, prosecutors use all available evidence to prove that the driver was:
- Operating a vehicle while impaired
- Had a minor in the vehicle at the time of arrest
Common evidence used in DUI While Transporting a Minor cases includes:
- Body camera footage from the officer
- Breathalyzer and blood test results
- Field sobriety test performance
- Witness testimony, including passengers
- Prior DUI history (if applicable)
Because DUI While Transporting a Minor is a felony offense, prosecutors rarely offer plea deals, making it critical to have an experienced DUI attorney fighting for your case.
Common Law Enforcement Mistakes That Can Help Your Case
While law enforcement is trained to identify DUI offenses, officers make mistakes that can be challenged in court, including:
- Unlawful traffic stops – If the officer had no reasonable suspicion to pull you over, the case may be dismissed.
- Faulty breathalyzer tests – Improper calibration or inaccurate readings can be challenged.
- Failure to follow proper procedure – If the officer violated your rights, certain evidence may be thrown out.
At AZ DUI Pros, we know how to expose weaknesses in DUI While Transporting a Minor cases and build a strong defense. If you or a loved one has been charged, call us now at (602) 922-3755 for a free consultation.
The Long-Term Consequences of a DUI While Transporting a Minor Conviction
A DUI While Transporting a Minor conviction in Arizona carries more than just immediate legal penalties. While jail time, fines, and license suspension are serious concerns, the long-term consequences of this felony charge can affect nearly every aspect of your life. From career limitations to increased insurance rates, this offense can follow you for years, impacting your future opportunities.
Career and Employment Barriers
A conviction for DUI While Transporting a Minor will appear on background checks, making it harder to secure employment. Many companies conduct criminal background screenings, and a felony DUI can disqualify you from positions requiring a clean driving record, security clearance, or professional licensing. Some industries, such as education, healthcare, government, and transportation, are particularly strict about hiring individuals with felony convictions.
For those already employed, a felony conviction can lead to job termination, especially for individuals with commercial driver’s licenses (CDLs) or careers in law enforcement. Even self-employed individuals may find it difficult to obtain business licenses or secure contracts due to their criminal record.
Higher Auto Insurance Premiums
One of the most immediate and long-lasting financial consequences of a DUI While Transporting a Minor is the impact on your auto insurance rates. After a conviction, insurers label you a high-risk driver, leading to dramatic increases in premiums. Some companies may even cancel your coverage altogether, forcing you to obtain an SR-22 certificate, a special form of insurance required for high-risk drivers.
Loss of Civil Rights and Privileges
A DUI While Transporting a Minor is classified as a Class 6 felony under ARS § 28-1383, which can strip individuals of certain civil rights, including:
- Loss of voting rights (restored after completing probation or sentence)
- Inability to own or possess firearms
- Restrictions on professional licenses in real estate, law, nursing, and other regulated fields
Felony convictions cannot be easily removed from public records, making it difficult to secure housing, apply for loans, or qualify for specific government programs.
Impact on Personal and Family Life
Beyond legal and financial consequences, a DUI While Transporting a Minor conviction can damage your reputation, relationships, and parental rights. In some cases, Child Protective Services (CPS) may conduct investigations, potentially affecting child custody arrangements.
Because this charge is considered child endangerment, family court judges may re-evaluate custody agreements, favoring the other parent if they can prove that the child was placed in a dangerous situation. Additionally, social stigma and strained relationships can result from a felony DUI conviction.
Can a DUI While Transporting a Minor Conviction Be Expunged?
Arizona does not offer expungement for DUI convictions, but under ARS § 13-907, individuals may petition to set aside a conviction. However, this does not remove the charge from your record—it simply marks it as “set aside,” which may improve employment and housing opportunities.
The best way to avoid these long-term consequences is to fight your charge aggressively with the help of an experienced DUI attorney. At AZ DUI Pros, we know how to challenge the evidence against you and work toward reducing or dismissing your charges. Call (602) 922-3755 today for a free case evaluation.
Penalties for DUI While Transporting a Minor
A DUI While Transporting a Minor in Arizona carries harsh penalties, including:
- Mandatory Jail Time – A minimum of 10 days in jail, with the possibility of a much longer sentence
- Felony Conviction – This offense is classified as a Class 6 felony, which can stay on your record permanently
- Driver’s License Suspension – A one-year revocation of driving privileges
- Fines and Fees – Costs exceeding $4,600, including fines, court fees, and mandatory assessments
- Ignition Interlock Device (IID) – A mandatory one-year installation of an IID in your vehicle
- Probation and Community Service – Courts may require community service hours and supervised probation
Hypothetical Scenarios of DUI While Transporting a Minor
Scenario 1: A Parent Driving Home from a Family Gathering
John, a 38-year-old father, attended a family barbecue in Goodyear. He had a few drinks over the course of the evening but felt sober enough to drive. His 7-year-old son was in the backseat as they headed home.
While driving, John failed to signal a turn, attracting the attention of a Goodyear police officer. After being pulled over, John underwent a field sobriety test and later provided a breath sample, revealing a BAC of 0.09%.
Because he had a DUI While Transporting a Minor, John was immediately arrested and charged under ARS § 28-1383. Despite being a first-time offender, his charge was classified as a felony. He now faces mandatory jail time, license suspension, and a permanent criminal record.
Scenario 2: A Babysitter Driving Under the Influence
Emma, a 22-year-old college student, was babysitting for a family in Goodyear. After putting the child to bed, she had a couple of drinks before deciding to leave for the night. The parents asked her to drop off their 12-year-old daughter at a relative’s home before heading home herself.
On the way, Emma was pulled over for speeding. The officer noticed signs of intoxication, and after failing a field sobriety test, she was arrested. Her BAC was 0.12%, leading to charges of DUI While Transporting a Minor under ARS § 28-1383.
Despite being a first-time DUI offender, Emma now faces a Class 6 felony, meaning she could lose her ability to pursue certain careers, experience difficulty finding housing, and have a felony on her record for life.
Defenses Against DUI While Transporting a Minor
If you are facing a DUI While Transporting a Minor charge, it is critical to consult with an experienced Arizona DUI attorney who can explore potential defenses, including:
- Challenging the Traffic Stop – If the officer did not have probable cause to pull you over, the case may be dismissed.
- Questioning the BAC Results – Faulty breathalyzer tests or improperly administered field sobriety tests could lead to suppressed evidence.
- Rising BAC Defense – Alcohol absorption rates vary, meaning your BAC could have increased after you were pulled over.
- Lack of Evidence – The prosecution must prove beyond a reasonable doubt that you were impaired at the time of driving.
At AZ DUI Pros, we analyze every aspect of your case to build a strong defense. Call (602) 922-3755 today for a free consultation.
Relevant ARS Statutes for DUI While Transporting a Minor
- ARS § 28-1381 – Defines DUI offenses, including impairment due to alcohol or drugs.
- ARS § 28-1382 – Covers extreme DUI, where BAC is 0.15% or higher.
- ARS § 28-1383 – Covers aggravated DUI, including DUI While Transporting a Minor, classifying it as a felony offense.
Frequently Asked Questions (FAQs)
1. Can I Get My DUI While Transporting a Minor Charge Reduced?
Yes, in some cases, an attorney may negotiate a plea deal to reduce the charge to a misdemeanor, but this depends on the circumstances.
2. What Happens if I Refuse a Breathalyzer Test?
Refusing a breathalyzer in Arizona results in automatic license suspension for one year, regardless of whether you were intoxicated.
3. Will I Have a Permanent Criminal Record?
Yes, a DUI While Transporting a Minor is a felony, meaning it will stay on your record unless successfully expunged or set aside.
4. How Soon Should I Contact a Lawyer After a DUI Arrest?
Immediately. The sooner you call AZ DUI Pros at (602) 922-3755, the better your chances of fighting the charges.
Conclusion
Being charged with a DUI While Transporting a Minor in Goodyear is a serious legal matter that requires immediate attention. Arizona’s strict DUI laws can lead to life-altering consequences, including jail time, a felony record, and financial penalties.
At AZ DUI Pros, we specialize in DUI defense and will fight to protect your rights. If you or a loved one is facing a DUI While Transporting a Minor charge, do not wait—call (602) 922-3755 today for a free consultation.
