Tempe Under 21 DUI Lawyer

Driving is one of the first real freedoms most young people experience. Whether it’s commuting to Arizona State University, heading to work somewhere in the Phoenix Metropolitan Area, or simply driving across The Valley to see friends, having a license represents independence, trust, and adulthood. That said, when a driver under the age of 21 gets behind the wheel after consuming alcohol, even in the smallest amount, that independence can vanish in an instant. If you or your child has been charged with a DUI while under the age of 21, contact an experienced Tempe DUI lawyer from The Weingart Firm, PLLC for comprehensive, fierce representation today.

What is an Under 21 DUI in Arizona?

Arizona’s underage DUI law is commonly referred to as the “Not a Drop” law, and that name is not an exaggeration. The statute in question is A.R.S. § 4-244(34), which makes it unlawful for a person under 21 years old to drive or be in actual physical control of a vehicle while there is any spirituous liquor in his or her body. To break that down more clearly:

• The driver must be under the age of 21
• There does not need to be any proof of impairment
• There does not need to be a BAC of 0.08%
• Any detectable amount of alcohol can lead to charges
• The law applies even if the driver appears completely sober

Can an Underage Driver Be Charged With a Regular DUI?

Yes, and in many cases, they are. If an under 21 driver has a BAC of 0.08% or higher, or if law enforcement believes the driver was impaired to the slightest degree, the driver may be charged with a regular DUI under A.R.S. § 28-1381 in addition to, or instead of, an underage DUI. This means that a young driver could potentially face the following penalties:

• An under 21 charge for any alcohol in the body
• A standard DUI for impairment
• An Extreme DUI if the BAC is 0.15% or higher
• An Aggravated DUI if certain factors are present

What Are the Penalties for an Under 21 DUI in Arizona?

The penalties you may face will depend on the exact charge and circumstances, but even a first offense can carry significant consequences, some of which are as follows:

• A Class 1 misdemeanor conviction
• Court imposed fines and surcharges
• Alcohol screening and education requirements
• Probation
• Community service
• A permanent criminal record unless later set aside

If the driver is also convicted of a standard UI under A.R.S. § 28-1381, additional penalties may apply, such as the following:

• At least 10 days in jail for a first offense (though some jail time may be suspended upon completion of alcohol treatment)
• Substantial fines and mandatory assessments
• Mandatory alcohol education and screening
• Installation of an ignition interlock device
• Increased insurance rates
• A criminal record that can affect employment and licensing
• ASU students may face university disciplinary consequences

Will My License Be Suspended for an Underage DUI?

In many cases, yes. Arizona imposes administrative penalties through the Motor Vehicle Division that are separate from the criminal court process. After an arrest, the officer may serve the driver with a notice of suspension. The driver then has a limited amount of time, typically 15 days, to request a hearing with the MVD. If no hearing is requested, the suspension generally goes into effect automatically. Some important points for you to understand are as follows:

• An administrative suspension can last 90 days or longer
• A refusal to submit to chemical testing can result in a longer suspension
• A restricted license may be available after a certain period
• Hardship permits may allow limited driving for work or school
• Ignition interlock requirements may apply, especially in standard DUI cases

What if My Child Was Charged With an Underage DUI?

Few phone calls are more alarming for a parent than learning that their child has been arrested. That said, the most important steps to take are as follows:

• Do not allow your child to discuss the case with anyone other than an attorney
• Carefully review all paperwork provided at the time of arrest
• Pay attention to deadlines, particularly the 15-day window to request an MVD hearing
• Contact an experienced Tempe under 21 DUI lawyer as soon as possible

Contact a Phoenix Metropolitan Area Under 21 DUI Lawyer

Here at The Weingart Firm, PLLC, we believe that a single mistake should not define a young person’s future. There may be defenses related to the traffic stop, the testing procedures, or the evidence itself. In other cases, our team can negotiate to mitigate the impact of charges. Contact an under 21 DUI lawyer from our legal team to schedule a free initial consultation today.