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The Laws and Penalties for Underage Drinking and Driving in Arizona

Posted by Raymond Kimble | Sep 23, 2019 | 0 Comments

Similar to all of the other states, Arizona prohibits people under the age of 21 from buying, being in possession of, or drinking alcoholic beverages.  Consequently, Arizona also imposes harsh penalties for individuals under 21 years of age who are found to be driving a motor vehicle with alcohol in their system.

On many occasions, people under the age of 21 are stopped by police for a motor vehicle violation, investigated and ultimately arrested for a DUI.  Unfortunately, they soon realize that the usual legal limits of .08% blood alcohol concentration or "Impaired to the Slightest Degree"  may not control the outcome of their case.  This is because Arizona also has a Minor DUI or commonly referred to as the "Baby DUI" law.

Underage DUI In Arizona

Arizona has a zero tolerance police when it comes to people under 21 driving with alcohol in their system.  Specifically, A.R.S. 4-244.34 says that it is illegal for a person under 21 years of age to drive or be in actual physical control of a motor vehicle while there is any spirituous liquor in the person's body.  Essentially this means that a person under 21 can be prosecuted for a DUI whether or not their alcohol concentration is above the legal limit.  In fact, any alcohol at all in a person's system who is under 21 and driving a vehicle can result in a DUI arrest and prosecution.

Penalties for Underage DUI in Arizona:

As expected, the State of Arizona imposes very harsh penalties upon people who are charged with and convicted of a Minor DUI.  In contrast to a regular DUI, jail time is not mandatory and is typically not ordered.  However, a Minor DUI pursuit to A.R.S. 4-244.34 is a class one misdemeanor.  Consequently, the penalties involved may include:

  • Up to six moths jail
  • Fines of $2,500 plus an 84% surcharge 
  • Alcohol screening and treatment

Most importantly however, a judge can suspend the drivers license of a person under the age of 21 who has been convicted of driving with alcohol in their system for two years.  In some cases, the person can obtain a restricted license which allows them to drive to work or school.  However, an ignition interlock device would be required and results in additional monthly costs.  

Defenses to Minor DUI Charges

Although these are serious charges, there are a number of defenses available which must be investigated when you are charged with driving with alcohol in your system.  These include:

  • Lack of Probable Cause to Arrest
  • Lack of Reasonable Suspicion to Conduct a Traffic Stop
  • Lack of Driving or Being in Actual Physical Control of a Motor Vehicle
  • Inaccurate Blood or Breath Test Results
  • Violations of your Miranda Rights
  • Denial of Your Right to Speak with an Attorney

CALL (480) 833-8613 TO GET HELP NOW

 
 
If you, a family member or friend has been arrested for a DUI offense or a Minor DUI in Arizona, it is important that you immediately begin working with a qualified DUI attorney who can effectively represent you in the court of law and take necessary steps to protect your driver's license. Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.

 

 

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.

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