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Arizona DUI Laws

Generally, Arizona’s DUI laws are strict. For drivers over the age of twenty-one, a charge of driving under the influence carries severe penalties. A standard DUI occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of .08% or higher. For drivers of commercial vehicles, the BAC limit is .04%. Drivers who refuse a BAC test lose their driving privileges on the spot for at least 12 months because Arizona assumes you provided consent to alcohol testing when you accepted a driver’s license.

The penalties for a standard DUI involve being jailed for at least 10 days and a $1,250 fine. You may also be required to participate in a drug screening and education program, complete community service. You may also have to install an ignition interlock device on your vehicle at your own expense. Subsequent DUI offenses carry harsher penalties, including increased jail time and fines.

An extreme DUI arises when a driver is operating a vehicle with a BAC of .15-.2%. Extreme DUI’s carry even harsher penalties, including 30 days of jail time and a $2,500 fine, in addition to community service, drug education, license suspension, and installation of the ignition interlock device. Similarly, a super extreme DUI occurs when the BAC exceeds .20%.

Finally, an aggravated DUI is a DUI where additional aggravating factors are present, such as having a child in the vehicle, having had two other DUI’s within the last 84 months, driving while suspended, or refusing a BAC test with an ignition interlock device installed. Aggravated DUI’s carry a penalty of up to two years in prison in addition to the other penalties associated with a DUI.

Underage DUI Laws in Arizona

For as strict as standard DUI laws in Arizona are, there is a zero-tolerance policy for underage drivers driving under the influence. It is unlawful for a person under the age of twenty-one to drive or be in physical control of a vehicle with any amount of “spirituous liquor” in their system. In other words, if you under 21 years old and are pulled over with a BAC higher than 0.0%, you may be convicted of a DUI, even if you do not believe you were impaired or unable to safely drive at the time.

An underage DUI, sometimes referred to as a “Baby DUI,” is a class 1 misdemeanor. For first-time underage DUI offenders, the penalty may include jail time up to six months. There is also a $1,600 fine and a mandatory two-year license suspension. Unlike other DUI offenses, underage DUI’s do not have a mandatory jail sentence, although a judge may order jail time. For second-time offenders, the minimum prison sentence is 30 days and the maximum is 90 days.

After being convicted of an underage DUI, your license will be suspended for two years. A court may choose to grant you a temporary restricted license, called a Special Ignition Interlock Restricted Driver’s License (SIIRDL) that allows you to drive only to work and/or school while your license is suspended, but this is at the court’s discretion. To be eligible for a SIIRDL, you must have:

• Verified eligibility with the Motor Vehicle Department (MVD)
• No other withdrawal actions on your driving record
• An ignition interlock device installed on your vehicle
• Complied with mandatory alcohol treatment programs
• Proof of automobile insurance
• Paid all of your fees

The SIIRDL may be used to transport from:

• Home to your place of employment or school
• School to your place of employment
• Employment or school to a health professional
• School or work to an education or treatment facility
• School or work to a meeting with a probation officer
• School or work to an ignition interlock device service facility
• A location designated for parenting time

Other Charges Related to Underage DUI

You may also be charged with other DUI or alcohol-related crimes along with your underage DUI. For example, you may still be charged with a standard DUI, an extreme DUI, or a super extreme DUI if your BAC meets those legal thresholds. You may also be charged with a DUI in the Slightest Degree, which takes effect if the driver is impaired in any way by alcohol or drugs, regardless of their BAC.

It is also unlawful for anyone under the age of 21 to consume alcohol in Arizona, pursuant to A.R.S. 4-244(41). There are two exceptions to this prohibition:

1. It is a defense if the alcohol was consumed as part of a religious belief or exercise
2. It is a defense if the alcohol was consumed for a bona fide medical purpose and is not otherwise dangerous to public health or safety.

Other offenses that may be charged in conjunction with an underage DUI include possessing alcohol, soliciting alcohol, using or possessing a fake ID, or the traffic violation you were pulled over for, such as speeding or running a red light.

Social Host Liability

In Arizona, social hosts may be held liable for DUI accidents caused by underage drinkers. Generally, social hosts are not responsible if their guests are overserved at a party, but there is a special exception for minors. If a host knows or should have known that there was an underage drinking party going on at their residence, and one of the guests drives while under the influence and causes an accident, the injured party may be able to recover damages from the social host.

There may also be criminal penalties associated. It is a class 1 misdemeanor for a person who is at least 18 years old to knowingly host a gathering of two or more underage people if they know that at least one of the guests are either in possession of or consuming alcohol on the premises.

Defenses to Underage DUI

Like many DUI offenses, there are a number of defenses you can raise if you are facing an underage DUI charge. Although you may be charged with a DUI if you are under 21 with any amount of alcohol in your system, an experienced attorney may be able to identify technical, procedural, or constitutional issues with the traffic stop, the BAC testing, your arrest, or other problems with the way the police or prosecutors handled your case. For example, an attorney may be able to show that there was no probable cause to stop your vehicle in the first place. Other defenses may include whether the officer properly read you your rights, whether you were denied your right to counsel, or whether the BAC testing or field sobriety testing was inaccurate. Depending on your circumstances, an attorney may be able to negotiate a plea deal with the prosecutor or have your case dismissed entirely.

Because the consequences associated with an underage DUI can be so severe, you should contact an experienced defense attorney if you find yourself charged with an underage DUI or an associated criminal charge. A criminal record may impair your ability to find employment, housing, education, professional licensing, or other opportunities, so it is in your best interest to seek counsel if you have been charged with an underage DUI or other related offense in Arizona.