Driving under the influence of alcohol or drugs is always risky behavior, but if you’re in the State of Arizona there are some specific laws and penalties that it’s important to be aware of if you’re pulled over for driving underage and intoxicated.
Due to a federal standard for intoxication, it is illegal for anyone in the United States to drive with a blood alcohol content of .08 or higher. This federal mandate has been in place since 1996 when Congress mandated all states decrease their limits to .08 or they would risk losing federal highway funding for their state.
Laws and penalties vary from state to state, and it’s important to know the laws in your areas so you stay out of unnecessary legal trouble.
Like every state in the country, the blood-alcohol limit for driving in Arizona is .08. This is a nationwide standard that has been in place since the 1996 congressional mandate.
It is against the law for any person who is under the influence of any intoxicating alcohol or any type of drugs to operate a motorized vehicle or physically be in control of any vehicle.
When you are given the privilege to drive a vehicle in Arizona, you are required to give consent to test for blood alcohol concentration or drug content (BADC) if you are pulled over for driving under the influence of any substance.
This is known as the Implied Consent Law, which basically means that you don’t have to give consent at the time of being pulled over, because you’ve already given it in the past when you received your driver’s license.
If you are pulled over by a law enforcement officer because they have a reason to believe you are under the influence of any kind while driving, the officer has a right to request that you take a BADC test.
There are several types of tests that can be taken, including a blood test, breath test or breathalyzer, or a urine test. This test will then measure the level of substances present in your body, specifically your bloodstream, at the time of the test.
If any driver under the age of 21 is pulled over by a law enforcement officer due to suspicion that the driver is under the influence of drugs or alcohol, they will be asked to take a blood alcohol concentration or drug content, just like an adult would.
If the test shows any amount of substances at all above 0.00%, the driver can and will be cited for driving under the influence. Arizona has a very strict zero-tolerance policy for underage DUIs.
Arizona is one of many states that has implemented a zero-tolerance or not-a-drop law. Under Arizona DUI law, it is considered an unlawful act for anyone under the age of 21 to operate a motor vehicle when there is “any spirituous liquor in the person’s body.”
Of course, this is not limited only to liquor, but any intoxicating substance in the driver’s body.
Another name for an underage DUI and the more common reference is a “baby DUI”. This may sound sweet and innocent but an underage DUI is anything but that. This offense can carry serious penalties for the underage driver.
The crime is considered a Class 2 misdemeanor and is punishable with up to 6 months in jail and a maximum fine of $750. Adult DUIs carry a mandatory minimum jail sentence or fine, but that is where it differs from an underage DUI.
There are no mandatory minimums, leaving the punishment up to the discretion of the judge hearing the case. There are some mandatory punishments, such as convicted underage drivers facing a mandatory two-year license suspension.
Many drivers believe this sentence is incredibly harsh, and that two years without a license is much worse than a mandatory fine or six months in jail that are standard for an adult DUI. This harsh punishment is put in place to discourage underage drivers who have driven under the influence of committing the unlawful act again.
There are some cases where an underage driver can still be convicted of a standard DUI and face the normal mandated penalties. If it is found that an underage driver had a BAC of more than .08% and the driver is convicted, they will have to serve at least 24 hours in jail and will still be held to the mandatory minimum fines and jail time for a standard DUI.
If you are convicted of an underage DUI in Arizona you will likely lose your license for two years. If an underage driver does lose their license for any period of time, judges have the option of allowing the driver to have limited privileges during what is called a DUI suspension. A DUI suspension essentially lets you continue to drive for a limited set of reasons, including going to school, going to and from home for necessities, and driving back and forth for employment.
Typically, if the judge does all these privileges, the driver will have to use an ignition interlock device. This device is basically a portable breathalyzer that connects to the vehicle ignition system.
When the driver gets into the vehicle, they have to breathe into the ignition interlock device. If the IID detects any alcohol, the car will not be able to start. If the breathalyzer detects no alcohol, the car will start and you’re good to go. This is just an additional measure to hold drivers accountable.
The cost of an IID is typically on the driver who will be using it. There are installation fees, monthly usage fees, as well as a fee for removal.
This can be incredibly costly, so some states do offer assistance to people who need assistance because they cannot afford the device.
For many underage drinking cases in general you will end up with a misdemeanor on your record. Often, the court will offer a diversion program that gives underage alcohol users a chance to keep a clean record. With the diversion program, you will attend classes about alcohol abuse and learn the risk of extended alcohol use.
This will not likely take your DUI off of your record, but after completion of the program, the court may look more favorably upon you and be willing to work with you.
It’s also important to keep in mind that if you get more than one DUI, the penalties get more severe with each offense. If you commit this unlawful act again, you could find yourself in jail for an extended period of time, losing your license again, or paying hefty fines that nearly double the previous fines.
No matter what age you are, the safest way to avoid harsh penalties such as jail time or expensive fines is to call for a ride to ask a friend to be your designated driver. You'll keep yourself off the roads, out of jail, and out of trouble. Drink responsibly and always call for a ride.