Arizona Underage DUI Offense
UNDERAGE DRINKING AND DRIVING
The Law
The State of Arizona has strict underage drinking and driving laws. In Arizona, it is unlawful for a person under the age of twenty-one years to drive or be in physical control of a motor vehicle while there is any amount of alcohol in the person's body.
Potential Penalties
A violation of this statute is a Class 1 misdemeanor which carries a maximum of six months in jail and a maximum $2,500 fine. In addition, a conviction for underage drinking and driving also results in a mandatory two year driver's license suspension. The court, however, may allow a person convicted of underage drinking and driving a restricted driver's license to allow them to drive to work or school during specified periods.
Under this statute any alcohol in a minor's system will result in a conviction, even if the quantity of alcohol does not cause actual impairment. Also, in addition to any penalties associated with this law, if the underlying conduct of an offense also violates Arizona's DUI laws (A.R.S. Sections 28-1381, 1382, or 1383), a person can be charged with those crimes as well, and be subject to those penalties upon a conviction.
Possible Defenses
At Keith Barton & Associates, we have an experienced criminal defense team that will comprehensively analyze the facts of your case and prepare the best legal defense. The goal in every case is to determine whether a legal or factual argument can be made that can result in a dismissal of the charges or an acquittal after trial, or alternatively, to mitigate the penalties associated with a conviction.
There are many defenses to DUI charges. DUI charges are complicated and technical and depend a great deal on the accuracy of police actions. The police officer is required to administer the Standard Field Sobriety Tests (SFSTs) accurately, otherwise the results cannot be trusted and may be excluded from evidence. Also, if the breath test is not administered properly or if the officer did not observe you for a period of time before administering the breath test, the result cannot be trusted and could be excluded from evidence. For the prosecution to have a solid DUI case against you the police officer must do everything properly and accurately. It is important to retain an attorney who understands the complexity of a DUI case and is experienced in successfully asserting these and other defenses.
