On Sunday, a 47-year-old Mesa man was arrested on suspicion of DUI after a witness noticed the man driving erratically with his kids in the car, The Arizona Republic reports.
Marco A. Lugo was charged with a felony count of aggravated DUI, misdemeanor counts of DUI, extreme DUI, and driving with an open container of alcohol.
At around 3 p.m., a witness saw Lugo driving erratically northbound on Stapley Drive before stopping in a nearby parking lot. The witness then reported Lugo to the Mesa police.
According to a police report, Lugo’s breath smelled of alcohol and his eyes were red and watery. A Mesa officer also saw an open beer can sitting on the floorboards at Lugo’s feet.
Lugo’s two sons, aged 9 and 11, were sitting in the backseat. When questioned, Lugo stated that he had one beer “a while ago.” Lugo was reportedly convicted on a DUI offense in 2001.
Under Arizona DUI law, an aggravated DUI can arise under several different circumstances. If a person commits a DUI while an ignition interlock system is supposed to be installed on the person’s car, commits a DUI on a suspended or revoked license, or commits three or more DUI offenses within a 7-year period, he is liable for an aggravated DUI.
In addition, if a person commits a DUI offense while a child under the age of 15 is in the car, he can be charged with aggravated DUI charge.
Arizona has the toughest DUI laws in the country. If Marco A. Lugo is convicted on any of his DUI charges, for at least a year, he’ll be breathing into an ignition interlock device whenever he wants to get behind the wheel.