Underage DUI: Arizona Laws About Minor Drunk Driving

In Arizona, anyone under the legal drinking age of 21 can be charged with an underage DUI for having any detectable alcohol in their system while driving.

This is often called a “Baby DUI” under A.R.S. § 4-244(34), which prohibits anyone under 21 from operating a motor vehicle with “any spirituous liquor in the person’s body.”

Unlike adult DUIs, which require a blood alcohol concentration (BAC) of 0.08% or higher for a standard charge, an underage DUI does not require proof of impairment or any minimum BAC level.

If a minor has even a 0.01% BAC, that alone can justify an arrest and DUI charge, leading to serious DUI consequences.

Arizona’s zero-tolerance laws mean that underage DUI charges can be filed even in cases where the driver felt completely sober and showed no signs of impairment. The mere presence of alcohol in their system is enough.

Arizona takes a strict stance on underage drinking and driving, and its zero-tolerance laws are among the most unforgiving in the country.

This means that any driver under 21 with alcohol in their system, regardless of the amount, can face criminal penalties.

This law is in place to deter underage drinking, promote safe driving, and uphold the legal drinking age, aligning with Arizona’s underage drinking laws. However, it also results in minors facing DUI consequences such as criminal records, fines, and license suspensions for behavior that may not even result in a DUI for someone over 21.

Police in Maricopa County and throughout Arizona are especially vigilant near college campuses, such as ASU, high school party spots, and during Spring Break events. It is not uncommon for underage drivers to be pulled over and charged with DUI during these times, even with minimal BAC readings.

1. First-Time DUI After an ASU Party: A 19-year-old ASU student is pulled over for a broken taillight. The officer detects alcohol on their breath, and a portable breath test shows a BAC of 0.03%. Even though the student feels sober and shows no signs of impairment, they are arrested for underage DUI under Arizona’s zero-tolerance law.
2. Slight BAC but No Signs of Impairment: A high school senior in Scottsdale is stopped at a checkpoint after prom, potentially facing serious DUI consequences. They admit to having “a sip” of champagne. Their BAC is only 0.02%, but because they are 17 years old, they are still charged with a Baby DUI under A.R.S. § 4-244(34).
3. Multiple Minors in the Car: A group of minors is stopped while driving back from tubing at the Salt River. The 18-year-old driver has a blood alcohol concentration (BAC) of 0.04%. There’s open alcohol in the car, and others are underage as well. In this case, the driver could face additional charges for underage possession of alcohol and contributing to the delinquency of other minors.

Being charged with an underage DUI in Arizona can lead to serious consequences, even for a first offense. While these are typically charged as Class 1 misdemeanors, the penalties can still impact a person’s school, employment, and future opportunities, especially regarding driving privileges.

A conviction for an Underage DUI may result in the suspension of driving privileges.

• A fine up to $2,500
• License suspension for 2 years (can apply for a restricted permit after 90 days)
• Community service
• Mandatory alcohol education or treatment program
• Possible jail time (up to 6 months, although rare for a first offense)
• A criminal record
• Mandatory installation of an ignition interlock device (at the court’s discretion) is often a consequence of a DUI conviction.

If the BAC is 0.08% or higher, the underage driver may face standard DUI penalties in addition to the zero-tolerance DUI charge.

The biggest difference between underage DUI and a standard DUI is the BAC threshold. For adults over 21, Arizona DUI law generally requires a BAC of 0.08% or higher to trigger a DUI charge. For minors, any amount of alcohol can result in a charge, even as low as 0.01%.

Underage drivers also face longer license suspensions than adults, even for lower BAC readings. While a first-time adult DUI might result in a 90-day license suspension, an underage driver may lose their license for two full years.

However, if an underage driver has a BAC of 0.08% or more, they may be charged with both an underage DUI and a standard DUI. These dual charges can significantly increase penalties, including jail time and the requirement of a mandatory ignition interlock.

Every case is different, but there are several legal defenses that may apply in underage DUI cases, especially with alcohol in your system. Guardian Law Group and attorney Christian Lueders have extensive experience defending minors and young adults charged with alcohol-related offenses.

Common defense strategies:

1. Challenging the Traffic Stop: If the stop was not based on reasonable suspicion, the entire case may be thrown out by the defense lawyer.
2. Questioning the Breathalyzer Accuracy: Breath tests can produce inaccurate readings due to calibration errors or improper administration.
3. No Proof of Alcohol Consumption: In some cases, the BAC reading may be so low that it could result from non-alcoholic substances, medication, or mouthwash.
4. Violation of Constitutional Rights: If the minor’s rights were violated during arrest or questioning, evidence may be excluded.
5. Lack of Probable Cause for Arrest: Just detecting alcohol doesn’t always mean a lawful arrest, especially if impairment wasn’t observed.

⑴ What is a Baby DUI in Arizona? 

A Baby DUI refers to an underage DUI under ARS 4-244(34), where anyone under 21 can be charged for driving with any alcohol in their system.

⑵ Can you get a DUI under 21 with a BAC below 0.08%? 

Yes. Arizona’s zero-tolerance law allows for DUI charges with any amount of alcohol if the driver is under 21.

⑶ Will my license be suspended? 

Yes, your driver’s license will be suspended for up to 2 years, although a restricted permit may be available after 90 days.

⑷ Do I need a DUI lawyer for an underage DUI? 

Absolutely. A DUI defense attorney can help you explore your legal options, reduce charges, or even get your case dismissed.

⑸ Can I go to jail for an underage DUI if I am charged with a DUI in the state of Arizona? 

Yes, jail time is possible, although it is not common for first-time offenders. Repeat violations increase the risk of incarceration.

⑹ Will an underage DUI affect my college or job? 

A conviction can appear on background checks, impact financial aid, and result in school disciplinary action.

• Arizona has a zero-tolerance policy for underage drinking and driving
• Even a tiny amount of alcohol can lead to a DUI charge if you’re under 21
• Penalties include fines, license suspension, and possible jail time
• Multiple charges are possible if the BAC exceeds 0.08%
• An experienced DUI lawyer can help fight the charges and protect your future

Being charged with an underage DUI in Arizona is frightening for both the driver and their family. At Guardian Law Group, attorney Christian Lueders brings years of experience as a former felony prosecutor and criminal defense attorney. He understands how prosecutors build these cases and how to challenge them effectively.

Christian has handled hundreds of DUI cases, including underage DUIs, and knows how to negotiate with Maricopa County prosecutors or fight for clients at trial.

Whether your child was pulled over after a college party or mistakenly arrested at a checkpoint, a DUI attorney like Christian will investigate every detail and pursue the strongest defense.

Guardian Law Group offers free one-on-one consultations, giving you the chance to speak directly with an experienced attorney about your case. Call us today at (480) 316-4618  to schedule your consultation.