Underage DUI and Minor in Possession in Arizona: What You Need to Know

In Arizona, strict laws are in place to prevent underage drinking and driving. Both underage DUI (driving under the influence) and minor in possession (MIP) are serious offenses that can have lasting consequences for young people. Understanding these laws and the penalties involved is essential for minors and their families.

What Are Underage DUI?

Under Arizona law, individuals under the age of 21 can be charged with DUI if they have any trace of alcohol in their system while driving. Unlike the DUI laws for adults, which set the legal blood alcohol concentration (BAC) limit at 0.08%, underage DUI follows a 'zero tolerance' policy. This means that any BAC above 0.00% can lead to charges. Arizona Revised Statutes A.R.S. § 4-244(34) prohibits minors from driving with any alcohol in their system, making Arizona one of the strictest states for underage drinking and driving.

Penalties for Underage DUI in Arizona

Underage DUI carry significant penalties, even for a first offense:

• License Suspension: A first-time underage DUI conviction can result in a license suspension of up to two years.
• Fines: Fines can range from $500 to several thousand dollars, depending on the severity of the offense.
• Alcohol Education Programs: Minors convicted of DUI may be required to attend mandatory alcohol education or treatment programs.
• Community Service: Courts often impose community service as part of the penalty.
• Criminal Record: An underage DUI conviction can leave a permanent mark on a young person's criminal record, affecting future education and employment opportunities.

While the possibility of a six-month jail sentence exists for this class 1 misdemeanor, it is uncommon for minors to serve jail time. More typically, minors face unsupervised probation, alcohol education courses, and fines.

Additional Penalties for Aggravating Factors

If the minor is involved in more severe incidents—such as being charged with Extreme DUI (BAC of 0.15% or higher), drugged driving, or causing an accident—additional penalties should be expected. In some cases, these could lead to charges like vehicular manslaughter or vehicular assault if someone is injured or killed.

Underage DUI Diversion Programs

Some Arizona courts offer diversion programs for minors charged with underage drinking and driving. These programs may involve alcohol education courses, community service, or other requirements. Successful completion of a diversion program can result in the dismissal of the charges, which may prevent the offense from being recorded on the minor's criminal record. However, the availability of these programs depends on the specifics of the case.

License Consequences Based on Age

Ages 18 to 20

If convicted of an underage DUI A.R.S. § 4-244(34), individuals between the ages of 18 and 20 can face a two-year revocation of their driver’s license. However, if the person pleads guilty to a regular DUI charge A.R.S. § 28-1381(A)(1) instead of an underage DUI, the license suspension can be reduced to 90 days, with eligibility for a restricted work permit after 30 days.

Ages 17 and Under

For those 17 and younger, the same two-year revocation applies. A restricted license may be requested under A.R.S. § 28-3322, allowing the minor to drive to and from essential locations, such as work or school, with the installation of an ignition interlock device.

Minor in Possession (MIP) Laws in Arizona

Arizona also has strict laws regarding minors in possession of alcohol. Minors under the age of 21 cannot legally possess or consume alcohol. A minor can be charged with MIP for simply holding an alcoholic beverage or even being in proximity to alcohol (such as attending a party where alcohol is being consumed).

Penalties for MIP in Arizona

MIP penalties can vary based on the circumstances, but they typically include:

• Fines: First-time MIP offenders can expect fines ranging from $100 to $500.
• Community Service: Similar to underage DUI, minors may be required to complete community service.
• Alcohol Education: Courts often require minors convicted of MIP to attend alcohol education or counseling programs.
• License Suspension: Even though MIP does not involve driving, Arizona law allows for the suspension of the minor’s driver’s license as part of the penalties for MIP.

Why These Laws Matter

Arizona takes underage drinking and driving very seriously. The consequences of both underage DUI and MIP extend beyond legal penalties—they can impact a young person’s future in terms of school admissions, job prospects, and personal reputation. Understanding these severe penalties can help minors and their families take necessary precautions to avoid these charges.

Conclusion

Navigating the complexities of underage DUI and MIP charges can be overwhelming. At Chuck Franklin Law, we have over 37 years of experience in defending clients facing serious criminal charges, we understand the challenges families face when dealing with these serious legal issues. Our experienced team is committed to providing aggressive and knowledgeable representation to protect your rights and future. Contact us today to learn how we can help.

Sources

• Arizona Revised Statutes§4-244, Unlawful acts; definition
• Arizona Revised Statutes§28-1381, Driving or actual physical control while under the influence
• Arizona Department of Transportation –Driving Under the Influence (DUI)
• Arizona Revised Statutes§8-343, Disposition of offenses involving driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs