Minor in Consumption of Alcohol in Arizona: ARS 4-244(41) click for a free consultation

Posted on September 1, 2025 in assault & violent crimes

Under Arizona Revised Statutes (ARS) 4-244(41), anyone less than the legal drinking age of 21 years old is not allowed to consume any amount of alcohol. With only a few exceptions, this includes consumption of any kind of “spirituous liquor” by a minor.

This offense is often referred to as a “minor in consumption” charge, and if you are convicted, it can have serious consequences.If you or a loved one has been charged with minor in consumption under ARS 4-244(41), please call Rosenstein Law Group at (480) 248-7666 immediately.

What Does the Minor in Consumption Law Say?

The law that makes consuming alcohol by a minor illegal is ARS 4-244(41). This law reads:

41. For a person who is under twenty-one years of age to have in the person’s body any spirituous liquor. In a prosecution for a violation of this paragraph:

(a) Pursuant to section 4-249, it is a defense that the spirituous liquor was consumed in connection with the bona fide practice of a religious belief or as an integral part of a religious exercise and in a manner not dangerous to public health or safety.

(b) Pursuant to section 4-226, it is a defense that the spirituous liquor was consumed for a bona fide medicinal purpose and in a manner not dangerous to public health or safety.

What is Spirituous Liquor?

Under ARS 4-101(38), a spirituous liquor includes alcohol generally, and the following specific kinds of alcohol:

• Absinthe
• Alcohol
• Alcohol bitters, or bitters containing alcohol
• Ale
• Beer
• Brandy
• Fruits preserved in ardent spirits
• Gin
• Malt liquor or malt beverage
• Mescal
• Porter
• Rum
• Tequila
• Whiskey
• Wine

With one possible exception below, for minors, it is generally useless to try definitional gymnastics to attempt to get around what a spirituous liquor is. This is because the Arizona definition of that term includes the following catch-all provisions:

• A compound or mixture of any of the above forms of alcohol, or of any of them with any vegetable or other substance.
• Any liquid mixture or preparation, patented or otherwise, that produces intoxication.
• Beverages containing more than one-half of one percent of alcohol by volume.

What Are the Exceptions to Arizona’s Minor in Consumption Law?

Under ARS 4-244(41), there are two express ways in which a minor can legally consume alcohol in Arizona:

• Spirituous liquor consumed as an integral part of a genuine religious exercise. A few religious practices use alcohol in certain observances, like Christian rituals of the Sacrament of the Eucharist or Holy Communion, in which red wine serves as a symbol of the blood of Jesus Christ. This exception is hard to claim for any significant consumption of alcohol, however, as most religions discourage, if not ban, consumption of alcohol by adults and not just minors.
  
• Alcohol consumed for a legitimate medicinal purpose. Many prescribed and over-the-counter drugs contain alcohol, including some cold medications and pain relievers. Consuming these for their intended purposes is not a violation of the prohibition against a minor consuming a spirituous liquor. Note that under ARS 4-226(3)(a), this exception does not include a spirituous liquor or ethyl alcohol with any kind of marijuana in it.

Note that in either of these exceptions, the minor’s consumption of a spirituous liquor must not pose a public danger.

What About “Non-Alcoholic” Beverages?

Some beverages exist that contain no more than 0.5% alcohol by volume. These are commonly known as “non-alcoholic malt beverages” or “near-beer.” These expressly do not qualify as “spirituous liquors” under the definition of ARS 4-101(38), even though alcohol is included in the definition of what a spirituous liquor is.

Arizona law does not prohibit a minor from purchasing or possessing alcohol; Arizona law prohibits the sale or possession by a minor of spirituous liquors. So, if by definition a beverage that has no more than 0.5% alcohol by volume is not a spirituous liquor, then strictly speaking, it is not illegal for a minor to purchase or possess such a beverage.

Similarly, ARS 4 244(41) does not prohibit the presence of alcohol in a minor’s body; it prohibits the presence of a spirituous liquor.

It is at least arguable, therefore, that if the Arizona legislature meant it to be illegal for a minor to have any trace of alcohol in his or her body, then it would have referred to “alcohol” instead of a “spirituous liquor” in ARS 4-244(41).

What is more, the legislature would not have carved out a specific exception to “spirituous liquor” for a beverage that has 0.5% (or less) alcohol by volume in it.

What this means is that, for example, if a police officer encounters minors with open containers of a non-alcoholic malt beverage in their possession, and those minors admit to drinking those beverages, this is not necessarily a violation of ARS 4-244(41) even though a blood alcohol concentration (BAC) test might reveal traces of alcohol in their systems.

That being said, if the same minors are found with even a single open container of a spirituous liquor among them, then the police officer at the scene may not be inclined to give them the benefit of the doubt, and they may still face a charge of minor in possession of alcohol, if not alcohol consumption.

What are the Legal Penalties for a Violation of ARS 4-244(41)?

Under ARS 4-246(A), a conviction for a minor who consumes a spirituous liquor is a Class 2 misdemeanor.

The penalties for a conviction can include:

• Up to four months in jail.
  
• Up to two years of probation.
  
• A maximum fine of $750, not including applicable statutory surcharges.
  
• Possible suspension of your driver’s license.

Minor in consumption penalties in Arizona vary depending on their circumstances. For example, a court can consider the following when deciding what kind of sentence to issue:

• The age of the offender.
  
• Their level of intoxication, if any.
  
• The minor’s previous record of spirituous liquor possession or consumption, if any.
  
• Any other history of unlawful activities.

The judge will usually be lenient to first offenders. A first-time sentence for a minor who has consumed spirituous liquor consists of:

• Participation in an alcohol education or addiction program.
  
• One year of probation.
  
• Potential community service.

Possibility of Deferred Prosecution

In some cases, it is possible to receive deferred prosecution in an Arizona minor in consumption case. What this means is that the court will not enter a judgment, but rather, the offender must complete certain requirements to “earn” a dismissal.

If the offender successfully completes probation, then the charges against the minor can be dismissed, and no criminal conviction would result.

Extreme Cases

Sometimes, especially if they involve other crimes like driving under the influence of alcohol or assault, a minor in consumption charge can be more serious. In these cases, the judge may impose jail time, even for a first offense upon conviction.

Possible Additional Consequences

Collateral effects for a minor convicted of consuming spirituous liquor can include the loss of a scholarship or financial aid, rejected college applications, trouble finding employment, and difficulty obtaining on-campus housing in college.

What Defenses Exist to a Charge Under ARS 4-244(41)?

Other than the two express statutory exceptions we have covered above, plus the possibility of only having consumed non-alcoholic beverages, some other defenses may be available to a charge of being a minor who has consumed spirituous liquor.

It is not illegal for a minor to be at a place, like a party, where others are consuming spirituous liquors. Direct or circumstantial evidence must exist that the minor consumed a spirituous liquor.

Other possible defenses include:

• The absence of a portable device at the scene to measure whether the minor consumed a spirituous liquor.
  
• Problems with the maintenance or calibration of a device used to measure the BAC of a minor.
  
• The lack of an admission of having consumed a spirituous liquor or any corroborating evidence of consumption.
  
• The arresting officer violated the minor’s constitutional rights, including the right not to answer questions while in custody or to have an attorney present during custodial questioning.
  
• Problems with the accuracy or veracity of the arresting officer’s police report that cast reasonable doubt on the validity of the charge.

Are You (or Your Child) the Subject of a Minor in Consumption Charge in Arizona?

If you or your child is under 21, having an alcohol-related criminal offense on your record is a serious matter. Aside from possible jail time and financial penalties, a misdemeanor record stays with you and can threaten your ability to go to college and find a job.

Our Arizona minor in consumption defense attorneys have helped many minors, including Arizona State University students, avoid the worst consequences of being charged with consuming spirituous liquor.

For effective, premium legal defense against a minor in consumption charge, contact Rosenstein Law Group today by calling our law office at (480) 248-7666 or using our contact form.