Underage DUI in Arizona
No driver in Arizona may drive while impaired by substances to the slightest degree. If a driver is younger than the legal drinking age of 21, a different set of Arizona driving under the influence (DUI) laws applies to the case. It is critical to reach out to a DUI defense attorney in Arizona right away if you or your child is facing an underage DUI charge.
What Are the DUI Laws for Drivers Under 21 in Arizona?
Arizona’s DUI law prohibits operating or being in actual physical control of a vehicle “while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree” (Arizona Revised Statutes [A.R.S.]§ 28-1381).
Arizona is a zero-tolerance state when it comes to underage drivers. This means any detectable amount of alcohol in the system of a driver who is under 21 will result in a DUI. A.R.S. § 4-244(34) states that it is unlawful “for a person who is under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.”
Arizona’s Zero Tolerance Law
Under the zero-tolerance law, an underage driver can be arrested and charged with driving under the influence even with a blood alcohol concentration (BAC) level that is technically “legal” for other drivers: 0.08 percent for standard drivers and 0.04 percent for commercial drivers. Blowing even a 0.01 percent BAC into a breathalyzer test as someone under the age of 21 can lead to an underage DUI.
Penalties for Underage DUI in Arizona
Underage drinking and driving is a class 1 misdemeanor in Arizona that can carry penalties of up to 180 days in jail, fines and fees of $2,500 to $4,575, probation, a mandatory ignition interlock device and an instant two-year driver’s license suspension.
Many underage DUI cases are combined with related charges, such as DUI to the Slightest Degree, Standard DUI and Extreme DUI. Drugged driving charges may also be entered if police suspect drug use. Each additional DUI charge can come with additional penalties.
The Importance of a Strong Defense
In an underage DUI case, the prosecution does not have to prove that the young driver had an unlawful BAC or was even “impaired to the slightest degree.” The prosecutor must only establish that the driver’s body contained the slightest trace of alcohol within two hours of driving or physically being in control of a vehicle. Even if a minor was sitting or sleeping inside a parked vehicle with the keys, he or she can face DUI charges.
As a misdemeanor, a DUI conviction will remain on an underage driver’s permanent criminal record. At such a young age, a criminal record can impede things such as getting into college, getting a job, finding housing and qualifying for certain professional licenses. This makes it incredibly important to involve a qualified DUI defense attorney for these cases.
An Arizona DUI charge lawyer can immediately intervene to protect the defendant and cast doubt on the validity of the prosecution’s evidence with an aggressive defense strategy. Potential defenses include an inaccurate breathalyzer reading, biased field sobriety tests, improper traffic stop, lack of probable cause and lack of physical control of a vehicle.
Contact an Underage DUI Defense Lawyer 24/7
With help from a DUI attorney in Arizona, you or your teen may be able to have DUI charges reduced or dismissed entirely, minimizing the repercussions on your life as much as possible. For a free consultation about an underage DUI case in Arizona, contact Corso Law Group 24/7. We offer smart DUI defense strategies tailored to each client and case for optimal outcomes.
