A Phoenix man is facing very serious DUI charges due to two factors: first, this is not his first DUI; second, his children were in the car with him when he was arrested, according to police reports. Both factors can significantly increase the consequences of a DUI conviction in Arizona.
Robert Laux, 43, was seen swerving in and out of traffic without signaling. A police officer pulled him over on Baseline Road and 44th Street, but not before allegedly witnessing Laux toss a beer bottle from his open car window.
Upon approaching the vehicle, the officer said that he smelled a strong odor of alcohol and noted that two children who appeared to be under the age of 15 were in the vehicle with Laux. The driver refused to submit to field sobriety tests. A search warrant allowed police to draw the driver’s blood. While the results of the blood test have not been made available, police have confirmed that Laux is charged with aggravated DUI, DUI with a passenger under 15 and contributing to the delinquency of a minor.
Laux’s children allegedly told police that their father told them to throw the beer bottle out the window before he pulled over for the officer.
Police noted that, due to two prior DUI convictions in 2008 and 2011, Laux is required to have an ignition interlock device. No such device was found on the car he was driving. His bond has been set at $10,000.
Arizona Aggravated DUI Law
In Arizona, drivers can be charged with aggravated or felony DUI under certain circumstances. These include having two previous DUI convictions within the past seven years, failure to have an ordered ignition interlock device in the vehicle at the time of the stop and DUI while driving on a suspended, revoked or restricted driver’s license.
Another type of felony DUI involves having children in the car while under the influence of alcohol.
In Laux’s case, he could actually have been charged with aggravated DUI given any one of the the three factors that led to this charge: no ignition interlock device, children in the vehicle and two prior DUI convictions within seven years. Clearly, he will need the help of an experienced DUI defense attorney.
If you are stopped for any type of DUI, it is important that you protect your rights. Contact Alex Lane in Phoenix immediately if you are charged with any type of DUI.