Under Age Drinking and Driving in Arizona
ARS 4-244(34) states that it is illegal for a person under the age of 21 years to be found driving or in actual physical control of vehicle with any alcohol in their system.
Arizona is a “zero tolerance” state when it comes to underage drinking and driving. This means that anyone under the age of 21 who is driving a vehicle under the influence will be charged with DUI, regardless of whether actually impaired or not.
Legal Defenses for Underage Drinking and Driving. Contact Us Today.
Penalties for Underage Drinking and Driving
Under Arizona law a person convicted of Underage Drinking and Driving can be sentenced to:
- Up to 6 months in jail;
- Up to $5,000 in fines and fees;
- Mandatory 2 year license suspension.
In addition to the above, most insurance companies will not insure a minor who’s driving privileges have been suspended or restricted due to an underage DUI conviction. There are some insurance companies that will insure a person convicted of an Underage DUI, but those companies charge substantially high insurance premiums and require those high premiums for up to 5 years.
Because Arizona has zero tolerance for underage drinking and driving, the possible defense may be limited, but there are still many options that must be fully investigated. The most common defenses available in these cases include the police not having reasonable suspicions to make the initial traffic stop, or police not having probable cause to arrest the person or require them to perform the field sobriety tests. There are many other types of constitutional violations that we investigate, but if one occurs then it is highly likely we will get the case dismissed. Another common defense in these types of cases includes lack of evidence that the person charged was the alleged “driver” and that they were not in actual physical control of a vehicle.