A child endangerment DUI in Arizona is an aggravated DUI under A.R.S. 28-1383(A)(3) any time a driver under the influence has a passenger under 15 years old. The age of the child alone elevates the charge from a misdemeanor to a Class 6 felony. Penalties include mandatory jail (10 days at BAC under 0.15, 30 days at Extreme, 45 days at Super Extreme), $4,500+ in fines, 1 year license revocation, 18 month ignition interlock, alcohol screening, and traffic survival school. Arizona law also requires law enforcement to report any arrest involving a child passenger to the Department of Child Safety within 24 hours, opening a parallel DCS investigation that can affect custody. Call (480) 582-3637.
Arizona Child Endangerment DUI Statute
Under A.R.S. 28-1383(A)(3), a person commits aggravated DUI if they drive under the influence while a passenger under 15 years of age is in the vehicle. The age of the child controls. There is no requirement that the child be in danger in fact, only that the driver be impaired and the child be present.
The statute applies even if the driver is the parent and even if the child is asleep, in a car seat, or rides only a short distance. There is no de minimis exception.
Penalties and Mandatory Jail
| Element | Mandatory Minimum |
|---|---|
| Classification | Class 6 felony |
| Jail (first offense, BAC under 0.15) | 10 days |
| Jail (Extreme BAC 0.15+) | 30 days |
| Fines and surcharges | $4,500 base, often $7,000+ total |
| License revocation | 1 year |
| Ignition interlock | 18 months minimum |
| Alcohol screening and treatment | Required |
| Traffic survival school | Required |
On a first offense the prosecutor may agree to misdemeanor designation at sentencing under A.R.S. 13-604 if the defendant has no prior DUI history. Without designation the conviction remains a felony forever.
Will DCS Get Involved?
Arizona law enforcement must report any arrest involving a child passenger to the Department of Child Safety (DCS) within 24 hours under A.R.S. 8-201. DCS opens a separate investigation that runs parallel to the criminal case.
DCS can request a safety plan, supervised visits, or in serious cases temporary removal. The criminal lawyer and DCS dependency lawyer should coordinate; statements made to DCS can be used in the criminal case. A skilled aggravated DUI attorney works closely with the family law side.
How It Differs from a Standard DUI
A standard first DUI under A.R.S. 28-1381 is a Class 1 misdemeanor with 10 days jail (9 suspended), $1,500 in fines, and 90 days suspension. A child endangerment DUI under A.R.S. 28-1383(A)(3) is a Class 6 felony with no suspended jail, $4,500+ in fines, 1 year revocation, and 18 months interlock. The presence of the child alone makes the difference.
Defenses Specific to Child Passenger DUI
Long-term Consequences of a Felony Conviction
A felony conviction permanently changes employment, housing, professional licensing, and gun rights. Many Arizona employers run a 7 year background check. Professional licensing boards (nursing, teaching, law, real estate) require disclosure.
A child endangerment DUI conviction may be sealed under A.R.S. 13-911 after 7 years if the conviction is Class 4-6 and all conditions are met. Derek Oliverson can advise on both the immediate case and post-conviction sealing.
Frequently Asked Questions
Under A.R.S. 28-1383(A)(3) the cutoff is under 15 years of age at the time of the offense. A 14 year old passenger triggers the statute; a 15 year old does not. The state must prove the age at the time of the stop, not at the time of trial.
Yes. It is a Class 6 felony under A.R.S. 28-1383, the lowest felony tier but still a felony. On a first offense the court may designate it as a Class 1 misdemeanor at sentencing under A.R.S. 13-604, but only with prosecutor agreement and a clean record.
Not automatically. Arizona DCS opens an investigation but custody is decided by the family court. With a strong safety plan, completion of treatment, and supervised visits during the case, most defendants retain custody. The criminal lawyer and family lawyer must coordinate.
Ten consecutive days of jail at a minimum if BAC is under 0.15. If BAC is 0.15 to 0.199 (Extreme DUI) the minimum increases to 30 days. If BAC is 0.20 or higher (Super Extreme) the minimum is 45 days. None of these days can be suspended.
In some cases yes. The prosecutor may agree to misdemeanor designation under A.R.S. 13-604 at sentencing if the defendant has a clean record, completes treatment, and the BAC was low. Designation must be ordered by the court at sentencing; it cannot be added later.
Yes. A child endangerment DUI carries felony exposure, mandatory jail, and a parallel DCS investigation. The case touches criminal law, family law, and administrative MVD proceedings. An experienced aggravated DUI attorney is essential to coordinate all three and protect employment, custody, and freedom.
A child endangerment DUI is a Class 6 felony with mandatory jail and a parallel DCS investigation. Derek Oliverson is a former judge, former prosecutor, and former police officer who has defended Arizona aggravated DUI cases since 2009.