If you or your child has been arrested for underage drinking and driving, you should understand that the charge is not the same as a standard drunk driving charge. And a conviction will not only be costly, it could have a serious effect on your future, or that of your child. While underage drinking and driving is often referred to as “baby DUI”, the potential penalties are significant. You need a Phoenix DUI attorney with the experience and dedication to obtain the best result possible in the case. Contact the Law Offices of David A. Black, where we represent clients charged with DUI, including underage drinking and driving, on a regular basis.
What is underage DUI?
A drunk driving charge in Arizona, as a general rule, involves driving (or being in actual physical control of) a vehicle (a) while under the influence of alcohol, if you are impaired “to any degree,” or (b) if your blood alcohol content (BAC) is 0.08 or higher. In the case of a commercial vehicle, the limit is 0.04. In either case, the gist of the statute is that if your ability to drive is impaired, or if impairment is presumed based upon your BAC, you may be convicted of DUI. In the case of a minor, however, the rules are quite different.
Title 4 of the Arizona Revised Statutes, which deals with alcoholic beverages, contains a specific provision dealing with underage drinking and driving. But unlike its adult cousin, A.R.S. 4-244(34) does not require impairment, or a specific BAC in order to sustain a charge of DUI. What the law says is that if you are under 21 years of age, and you drive (or are in physical control of) a vehicle, and there is “any spirituous liquor” in your body, you can be convicted under the statute. What this means is that there is no need for the prosecutor to prove a particular BAC; if there is any measurable alcohol in your system, it will suffice. It is known as a zero tolerance law, and even a BAC of 0.01 (only one-eighth the legal limit for adults) will support the charge.
What are the penalties for underage drinking and driving?
A violation of the underage DUI law is a class 1 misdemeanor. The potential penalties are more severe than you might think. Here are the basic penalties you are facing, on the legal end, if you are convicted of baby DUI:
- Up to six months in jail (or a juvenile detention facility). If this is your first offense, you may be placed on probation.
- License suspension. Your driver’s license can be suspended for up to two years. You may be eligible, at the discretion of the judge, for a restricted license during that time, which could enable you to travel to and from work, school, and court-ordered DUI classes.
- You are looking at fines in the area of $2,500.
- You can expect hefty surcharges on your auto insurance policy.
Defending underage DUI cases
As is the case with any criminal charge, the fact that you have been arrested does not mean that all hope is lost. In the case of an underage drinking and driving charge, possible defenses that may form the basis for a successful challenge to the prosecution’s case include (a) illegal stop; (b) denial of your right to counsel; (c) improper testing equipment; and (d) improper administration of breath tests and field sobriety tests, among others
Underage DUI charges can not only cause a great deal of expense and inconvenience, they can also impact upon the future job and school opportunities of a minor. If you or your child is facing an underage drinking and driving charge, get the help you need. Call the Law Offices of David A. Black today for a free consultation.