When you’re a teenager, a lot of things may seem like a good idea…or at least not like a terrible idea. Our brains aren’t fully developed until our mid-twenties, which can often lead to rash decision-making. Sometimes, this includes the choice to drink before the age of 21 or even to get behind the wheel of a car after drinking.
Arizona is known for its strict driving under the influence (DUI) laws, which include particularly harsh underage DUI laws. It is illegal for a person under the age of 21 to drive or be in physical control of a motor vehicle when they have any alcohol in their system. Known as Arizona’s zero-tolerance law, a violation can result in a misdemeanor criminal charge. Our Arizona DUI defense lawyers will defend you against these charges and work to get you the best possible outcome.
At Matthew Lopez Law, we are dedicated to providing the highest quality legal representation to people charged with a range of criminal offenses, including underage DUI. If you have been charged with a crime in Arizona, we will advocate for your rights and work to protect your freedom. Reach out to our law offices to schedule a free initial consultation with an Arizona criminal defense attorney.
What Is Arizona’s Zero Tolerance DUI Law?
In Arizona, it is against the law for any driver to operate a motor vehicle when they are under the influence of alcohol and/or drugs. For drivers aged 21 or older, this is generally measured by one of two standards. A person may be charged with a DUI if their blood alcohol concentration (BAC) is 0.08% or higher, known as the legal limit. Alternatively, a person can be charged with a DUI if their ability to operate a motor vehicle is impaired in any way, no matter how slight.
The law is different for minors, however. Anyone who is under the age of 21 can be charged with a DUI if they have any amount of alcohol in their system and they either drive a motor vehicle or are in actual physical control of a vehicle.
The zero tolerance law is much stricter than Arizona’s already severe DUI law. If you’re under the age of 21, it doesn’t matter if you weren’t drunk. It doesn’t even matter if you weren’t impaired at all. If you blow anything other than 0% on a breathalyzer test, you could be charged with a DUI. If a chemical test shows any detectable amount of alcohol in your system, you will likely face a DUI charge.
This means that if you are 20 years old and have a single beer at a house party, you might be arrested for driving under the influence. If you are 19 and sit in the driver’s seat of a running car after having a glass of wine at a friend’s house, you could be charged with a DUI (for being in “actual physical control” of the vehicle). If you are 17 years old and have a single sip of a cocktail before getting behind the wheel, that alcohol could show up on a chemical test, and you could be charged with a crime.
Penalties for Underage DUI
Arizona’s zero-tolerance laws mean that you can be charged with a DUI even if you aren’t actually impaired in any way. This charge is a Class 1 misdemeanor. It is punishable by up to 180 days in jail and/or a fine of at least $500.
In addition to jail time and a fine, you will typically be required to pay fees and surcharges. Your driver’s license will also be suspended for 2 years. A judge may also require you to attend alcohol classes, participate in community service, and/or pay restitution.
These penalties are similar to those faced by a person over 21 who has a typical first-time DUI offense. However, the driver’s license suspension is far longer if you are under 21. A regular first-time DUI will lead to a 90-day driver’s license suspension, plus a requirement to install an ignition interlock device for 1 year. This is significantly shorter than the mandatory 2-year suspension for an underage DUI.
Underage DUI charges sometimes include related charges. This might include offenses such as minor in possession of alcohol. This charge can be brought whenever a person under the age of 21 buys, receives, possesses, or consumes an alcoholic beverage. A minor in possession charge is also a Class 1 misdemeanor, punishable by up to 6 months in jail.
Underage DUIs are sometimes referred to as “baby DUIs.” While the name may be cute, the potential consequences are not. A conviction will result in having a criminal record, which can make it more difficult to get a professional license or a job in the future. For this reason, it is important to hire a skilled Arizona DUI defense lawyer if you have been charged with an underage DUI and/or a related charge.
Potential Defenses to an Underage DUI Charge
If you are charged with a DUI, you might be tempted to just accept a plea deal. After all, the police have the results of your chemical breath or blood test…and you know that you had at least a bit of alcohol before driving. Before agreeing to plead guilty, you should first consult with an experienced criminal defense attorney.
There are several possible defenses to an underage DUI charge in Arizona. The first might be the simplest: you aren’t actually a minor. Occasionally, the police will charge someone with an underage DUI without realizing that the person is actually 21 (such as situations where they don’t have their license on them). Because the legal limit is 0.08% for someone over the age of 21 (compared to 0% if you’re underage), this is an easy potential defense if you can prove that you were 21 or older at the time of the alleged offense.
Another potential defense to an underage DUI charge may arise in cases where you weren’t actually driving the car before you were arrested. It is possible to be charged with a DUI if you were in “actual physical control” of the vehicle, even if you weren’t operating the vehicle. For example, if you are sitting in the vehicle with it running, you might have “actual physical control” of the vehicle.
However, police and prosecutors often oversimplify this issue. Actual physical control is an issue of fact that will be decided by the judge or jury. Your Arizona DUI defense lawyer will evaluate the facts of your case and determine if it makes sense to take the case to court and ask a judge or jury to find you innocent because you did not have actual physical control of the vehicle.
Finally, you might be able to argue that the police lacked probable cause when they stopped you on suspicion of driving under the influence. Generally, law enforcement has to have reasonable suspicion that you committed some illegal act to pull you over (outside of DUI checkpoints). If they didn’t have probable cause to make the stop, you could get any evidence obtained through the stop tossed, and your charges may be dismissed.
Unfortunately, some common DUI defenses cannot be used in an underage DUI case. For example, you can’t argue that you weren’t actually impaired or that the test results show a rising BAC. In an underage DUI case, it doesn’t matter if you were impaired or if your BAC was actually a bit lower when you were driving.
This doesn’t mean that you shouldn’t try to fight your DUI case. There are still many potential defenses to the charges. You could get a more favorable plea deal with the help of an Arizona DUI attorney. It may even be possible to get your charges reduced or dismissed entirely.
Charged with an Underage DUI? Reach Out to Our Law Firm Today
Arizona has an interest in preventing both underage drinking and driving under the influence. As such, it isn’t surprising that Arizona has a zero-tolerance policy when it comes to underage drinking and driving. While getting a “baby DUI” charge may not seem like a big deal, you should be aware that it can lead to jail time, steep fines and fees, and a lengthy driver’s license suspension. Our Arizona DUI defense lawyers can help you fight back against these charges.
Matthew Lopez Law has significant experience in DUI defense. We thoroughly analyze the facts of each case before developing a strategy to protect our client’s rights. If you have been charged with any type of DUI, we will advocate for you and help you get the best possible outcome. Call our law offices at 480-608-9998 or fill out our online contact form to schedule a free initial consultation with an Arizona DUI defense lawyer.