Arizona has a zero tolerance policy when it comes to people under 21 who are caught driving after consuming alcohol. The general DUI law of being over a .08 does not apply to people who are under 21. If you are under the legal drinking age, you cannot have any alcohol in your system when you drive. If a police officer pulls you over for a traffic violation and has reason to believe you have consumed alcohol, they can conduct a DUI investigation. The DUI investigation will most likely include a portable breath test. If the breath test reveals any presence of alcohol, you will either be arrested or cited for what is commonly referred to as a “Baby DUI.”
Real Example of How Our Lawyers Can Help
I went to court this morning for an ASU student who had an underage DUI case assigned to the Tempe Municipal Court. This young lady was originally stopped for exhibiting suspicious driving behavior. In my opinion, the officer was fishing for DUI suspects. Officer pulled her over and said she had a “distinct” odor of alcohol coming from her breath. Based on the odor, he administered a portable breath test that resulted in a .019 blood alcohol content.
This is a load of garbage. There is no way that a person with a .019 blood alcohol content could possibly have a “distinct” odor of alcohol coming from her breath. This was a bald-faced lie by the police officer.
I felt terrible for this young lady. As with all our cases, we worked incredibly hard at gathering evidence and documentation to demonstrate to the prosecutor why she cannot have a DUI conviction.
Another Great Outcome
Due to the hard work dedicated by my office and our client, we were able to negotiate an agreement that will eventually result in a case dismissal. I could not have asked for a better outcome. My client was mistreated by the police officer and a dismissal was truly the outcome she deserved.
Author Bio
Matthew L. Lopez
Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.
Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.
