Can I Get a DUI if I Am Under the Age of 21?

 Posted on April 28, 2020 in DUI

From recent high school graduates to college students, many underage drivers in Arizona are finding out that, while DUI consequences are certainly severe, it can be even worse if you receive an underage DUI.

If you have been charged with a DUI while under the age of 21, the following information is important for you to understand.

What are the Laws for Underage Drinking and Driving?  A.R.S. §4-244 (34) makes driving under the influence as a minor illegal. This underage DUI statute, which is titled “Minor Driving with Liquor in Body,”  is often called “Baby DUI” [insert link to statute] by police, prosecutors, and defense attorneys in Arizona.  

Arizona’s baby DUI law is a criminal misdemeanor charge.  If underage and cited, you will typically be charged with both a regular DUI and a baby DUI. With baby DUI, the State only needs to prove that any alcohol was present in your body when you were pulled over. Any amount of alcohol in your system can result in guilt. The State does not need to prove any particular amount, or that you were actually impaired.

What Other Charges can I Face?  A common charge linked to baby DUI’s is what is known as an MIP, or the Minor in Possession charge, which makes it illegal to possess alcohol, even if you possess it by having it in your body.   It is not uncommon to see this additional charge if you have received a baby DUI.

What are the Penalties?  Baby DUIs come with tough driver’s license penalties.  While a Baby DUI does not have any mandatory jail under the statute, a Baby DUI conviction will result in a two-year license suspension. 

Does this Conviction Stay on my Record?  Yes, underage DUIs are criminal convictions that stay on your record.  Students at the University of Arizona may also face Code of Conduct violations and be subjected to harsh penalties at school.

With consequences so severe, it is crucial that you have an experienced DUI attorney to help you navigate through this difficult process. If you have been cited for an underage DUI, contact The Behan Law Group. Michelle Behan and her team will guide you through the process both in court and at the University if necessary. If you or your child was charged with a DUI, contact us at 520-220-5047.  The lawyers you deserve at the price you can afford.