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Woman Arrested for Aggravated DUI with Nine-Year-Old Daughter in Vehicle

According to the Pinal County Sherriff’s Department, thirty-five-year-old (35) Delfina Gaitan was arrested for DUI while driving with her nine-year-old (9) daughter asleep in the backseat of the vehicle. On Thursday, at approximately 12:20 a.m., the Pinal County Sherriff’s Department was contacted by an off-duty Casa Grande Police Officer who observed Ms. Gaitain driving erratically near Attaway and Judd Roads.  Police stopped Ms. Gaitan in the Magma Ranch K8 School’s parking lot in Florence.  Sherriff’s Deputies said Ms. Gaitain failed several field sobriety tests, had watery, blood-shot eyes, slurred speech and a blood-alcohol content (BAC) of 0.235.  Deputies then found Ms. Gaitan’s nine-year-old (9) daughter asleep in the backseat without wearing a seatbelt.  Upon arrest, Ms. Gaitan told Officers she drank five beers prior to driving.  Ms. Gaitan was arrested for three (3) counts of aggravated DUI.   Deputies transported Ms. Gaitan’s daughter to her home.

Under Arizona law, a person may be charged with aggravated DUI under three (3) different circumstances: (1) receiving a DUI while driving with a driver’s license that has been suspended, canceled, refused or revoked due to a previous DUI conviction, (2) receiving a third DUI within a period of seven (7) years, or (3) receiving a DUI while driving with a person under the age of fifteen (15) in the vehicle.  Depending on the nature of the offense, an aggravated DUI may be charged as a Class 4 or Class 6 Felony and may result in penalties such as jail time, fines, mandatory installation of an ignition interlock device, and three-year (3) license revocation.

If you are facing Arizona DUI charges, contact the Phoenix Arizona DUI lawyers at the DUI Law Office Oracle Law Group Office P.C.