Understanding Underage DUI Charges in Arizona

In Arizona, it is illegal for anyone under the age of 21 to operate a motor vehicle with any detectable amount of alcohol in their system. This strict approach to underage DUI is known as the zero-tolerance law, and it applies whether or not the driver appears impaired. While the legal blood alcohol concentration (BAC) limit for adults is 0.08%, underage drivers can be charged with DUI if their BAC is above 0.00%.

There are two main ways underage drivers can face DUI charges:

1. Zero-Tolerance DUI: If an underage driver is found with any amount of alcohol in their system, no matter how small, they can be charged with a DUI.
2. Standard DUI: If an underage driver has a BAC of 0.08% or higher, they can be charged under the same laws that apply to adults.

In addition, underage drivers can also face penalties for possessing alcohol or using fake IDs to purchase alcohol.

Arizona has one of the toughest underage DUI policies in the United States. The zero-tolerance law means that any trace of alcohol in an underage driver’s system can result in criminal charges. This is different from adult DUI cases, where impairment must be demonstrated, or the driver’s BAC must exceed 0.08%.

Key points of Arizona’s zero-tolerance policy include:

• Any detectable amount of alcohol is enough to charge a driver under 21.
• The law applies even if the driver does not show signs of impairment.
• Penalties for violating this law can be severe, with both criminal and administrative consequences.

It’s important for young drivers to understand that this policy leaves little room for error. Even casual drinking, such as consuming alcohol at a party, can lead to a DUI charge if the driver gets behind the wheel.

The consequences for an underage DUI in Arizona can be harsh, and they vary based on whether the driver is convicted under the zero-tolerance policy or for a standard DUI. These penalties are designed not only to punish but also to deter young drivers from consuming alcohol before driving.

Penalties for a First Offense:

• Fines and Fees: A minimum of $1,600 in fines and court fees.
• License Suspension: The Arizona Department of Transportation (ADOT) will suspend the driver’s license for up to two years. In some cases, drivers may be eligible for a restricted license.
• Mandatory Alcohol Education: The court may require the underage driver to attend alcohol education or treatment programs.
• Community Service: The judge may order the driver to complete a specific number of hours of community service.
• Possible Jail Time: In some cases, the driver could face up to 10 days in jail, though this can be suspended or reduced with the successful completion of a treatment program.

For Repeat Offenses:

• Increased fines and fees.
• Longer license suspension or permanent revocation of driving privileges.
• Mandatory alcohol treatment programs.
• Extended jail time: Jail time for a second or third offense can be up to 90 days, with harsher penalties for severe or repeated violations.

Additionally, drivers under 21 caught driving under the influence can face other related charges, such as possession of alcohol or using a fake ID.

An underage DUI conviction can have serious, long-term consequences. Beyond the immediate legal penalties, an underage DUI can negatively affect a young person’s future in the following ways:

• Permanent Criminal Record: A DUI conviction goes on the driver’s permanent record, which can be seen by future employers, schools, and landlords.
• Difficulty in College Admissions: Many colleges require students to disclose any criminal convictions, and a DUI could negatively impact admission chances.
• Impact on Scholarships: Some scholarships require recipients to maintain a clean record, and a DUI could result in the loss of financial aid.
• Job Prospects: A DUI can be a red flag for employers, particularly in industries requiring driving, professional licenses, or background checks.
• Higher Insurance Rates: Auto insurance premiums typically increase significantly after a DUI conviction, sometimes making it unaffordable for young drivers.

Given these potential consequences, it is essential to take an underage DUI charge seriously and seek legal guidance to mitigate the damage.

Facing an underage DUI charge doesn’t automatically mean conviction. Several defenses can be raised to challenge the charges, depending on the circumstances of the case:

1. Unlawful Traffic Stop: The police must have a valid reason, or probable cause, to stop a vehicle. If the officer did not have a legal basis for pulling over the driver, the stop might be challenged, and the DUI charges could be dismissed.
2. Inaccurate BAC Testing: Breathalyzer machines and blood tests must be administered properly, and the equipment must be maintained and calibrated correctly. If there is any evidence that the BAC results are inaccurate, this could lead to the dismissal or reduction of charges.
3. No Evidence of Impairment: While Arizona’s zero-tolerance law does not require proof of impairment, a defense attorney can argue that the amount of alcohol detected was so minimal that it did not impact the driver’s ability to safely operate the vehicle.
4. Medical Conditions: Certain medical conditions, such as diabetes, can affect the results of breathalyzer tests. These factors can be used to challenge the accuracy of the test results.

Working with a skilled DUI attorney can help identify the best defense strategy for your specific case and may result in reduced charges or a dismissal of the case altogether.

If you or a loved one is facing an underage DUI charge in Arizona, you need experienced legal representation to protect your rights and future. Guardian Law has extensive experience defending clients against DUI charges, and we understand the nuances of underage DUI cases.

At Guardian Law, we will:

• Thoroughly investigate the circumstances of your arrest and the evidence against you.
• Challenge unlawful stops, faulty testing procedures, and other errors.
• Negotiate with prosecutors to reduce or dismiss charges whenever possible.
• Provide skilled representation in court to fight for the best possible outcome.

Facing an underage DUI charge is a stressful and overwhelming experience, but you don’t have to navigate it alone. Contact Guardian Law today for a free consultation. We will review your case and provide the guidance you need to move forward.