Arizona is a “zero tolerance” state when it comes to drinking and driving while under the age of 21. If you are under the age of 21 and are driving or in actual physical control of a car with alcohol in your system, you can be arrested, charged and convicted of a DUI, regardless of how low your BAC was or whether you were actually impaired.
A.R.S. § 4-244(34) states that it is unlawful “for a person under twenty-one years of age to drive or be in actual physical control of a motor vehicle while there is any spirituous liquor in the person’s body.” For those people that are 18, 19 or 20 years old, even though this is commonly referred to as a “baby DUI” or “underage DUI,” know that a conviction will create a permanent criminal record. An underage DUI is a class 1 misdemeanor.
Even though this is a “zero tolerance” law, there may still be defenses for your case. It is imperative that you seek the guidance of a skilled DUI attorney that will find the weaknesses in the state’s case. Contact the Rosenstein Law Group at 480-248-7666 or online for a free consultation for your underage DUI case.
If you are convicted of an underage DUI in Arizona, the penalties may include:
“Zero tolerance” does not mean that there are zero defenses for an underage DUI. With such high stakes and a “zero tolerance” policy, having a lawyer is the best way to ensure that your rights are protected. If you or your child have been charged with an Underage DUI, it is sometimes tempting to simply accept the punishment and move on due to the feeling of helplessness. However, these cases are very fact specific. With the right defense-oriented investigation, you may be able to have your charges reduced or even dismissed.
Second to jail, the biggest concern for people facing underage DUI charges is usually the loss of their driver’s license. A two-year driver’s license can be debilitating, especially at a young age. It can cause many far-reaching consequences like an inability to find employment or commute to school. Not to mention, the loss of the freedom to simply jump in your car and drive wherever you want. Trying to find a ride for the next two years of your life is clearly an inconvenience but it can also become costly if you must rely on alternatives like Uber or Lyft to get around.
At the Rosenstein Law Group, we can handle all aspects of your DUI arrest and case. We deal with the MVD and ADOT so that we can fight any potential license suspension. At the same time, we challenge the prosecutor’s evidence so that we can obtain the best possible result for your criminal case. We look at the reason that the police stopped you, your initial interaction with the police, field sobriety tests and BAC testing, whether police conducted a breath or blood test. We analyze forensic toxicology results to look for errors and human variables in the testing methods used by police and their crime labs so that we can challenge toxicology results.
Defending your case based on the science is only one part of our comprehensive defense approach. We also conduct our independent investigation so that we can find potential violations of your constitutional rights, such as a violation of your right to counsel or improper coercive tactics used to get you to consent to blood or breath testing. These legal issues may lead to suppression of evidence or dismissal of charges altogether.
If you are facing underage DUI charges, you cannot afford any missteps in building your defense. With the right approach and circumstances, it is possible to avoid the worst consequences of a DUI arrest or even avoid a conviction altogether. Contact the experienced DUI attorneys at Rosenstein Law Group at 480-248-7666 or online for a free consultation and case evaluation.