In Arizona, under ARS 4-244(34), it's illegal for individuals under 21 to drive with any detectable alcohol in their system. This "zero-tolerance" policy means even a minimal blood alcohol concentration (BAC) can lead to DUI charges.
An Underage DUI in Arizona occurs when a person under the legal drinking age of 21 is caught operating a vehicle with any measurable alcohol in their body. Law enforcement officers can use breath, blood, or urine tests to detect alcohol presence, and even a BAC of 0.01% may be sufficient for an arrest.
Under Arizona law, pursuant to Arizona Revised Statutes § 4‑244(34), an underage DUI occurs when a driver under 21 is found to be driving or in actual physical control of a vehicle. At the same time, any amount of alcohol is present in their body. This represents a strict zero-tolerance policy; the state does not need to prove impairment or reach the 0.08 % blood alcohol threshold to charge the minor. The consequences can include criminal charges (a Class 1 misdemeanor), a driver’s license suspension for two years for those aged 18-20, mandatory alcohol screening, and possible interlock device use. At Feldman & Royle, our team of underage DUI defense lawyers in Phoenix understands the complexities of this statute and the serious ramifications it carries for young drivers and families.
Under Arizona law pursuant to A.R.S. § 4-246(B) if convicted of underage DUI you are:
A class 1 misdemeanor is punishable by:
However, while it’s legally possible to receive six months in jail for an underage drinking and driving conviction, it is very uncommon. More commonly, the minor will receive:
Additional penalties can, and should be, expected if the minor (person under 21) is also charged with a regular DUI, Extreme DUI, drugged driving, a marijuana related DUI or felony DUI in addition to the underage DUI (baby DUI).
Furthermore, additional penalties can be expected if the minor was involved in an accident, especially if someone was injured or killed. In instances or minors involved in alcohol-related accidents criminal charges for vehicular manslaughter, vehicular assault and vehicular endangerment should be expected.
Diversion programs or deferred prosecution programs are programs that allow a person to complete a program in exchange for having their criminal case dismissed. Examples of common diversion programs include alcohol classes for a minor in possession of alcohol or drug classes (TASC) in exchange for dismissal of personal possession charges.
Several courts in Arizona routinely offer diversion programs for minors charged with underage drinking and driving. To determine if your case can be expected to be offered a diversion program, we suggest contacting an expert underage DUI lawyer to discuss the specifics of your individual case.
The answer to how long your license is suspended for DUI under 21 in Arizona depends on;
Again, it is important to remember that a minor can be found guilty of underage DUI for having “any” alcohol in their system and also be found guilty of other DUI charges including a DUI with a BAC that exceeds 0.08, Extreme DUI, drug-related DUI or a Marijuana Related DUI.
If you are convicted of A.R.S. § 4-244 (34) and you were between 18 and 20 years old at the time of the offense, motor vehicle will revoke you license for a period of two years. If, however, you plead guilty to a regular DUI (A.R.S. § 28-1381(A)(1)) and not an underage DUI, your license will be suspended in a fashion similar to those of legal drinking age (90 day suspension with an eligible work restriction for 60 of the 90 days).
If a minor does end up with the two-year revocation for underage DUI, then pursuant to A.R.S. § 28-3322, they can petition the court and receive a restricted driver’s license. This restricted license will allow the person to drive to and from home, work, school, or other places deemed essential. In order to obtain a privilege, the driver must install an ignition interlock device.
Those who were 17 years old or younger at the time of the offense should expect a two-year revocation of their driver’s license regardless of the type of DUI or underage DUI conviction. Those under 18 are also eligible for a restricted license pursuant to A.R.S. § 28-3322.
SIDE NOTE: A plea to reckless driving will avoid any license suspension.
Each case is different, but there are several proven defense strategies that can challenge the evidence or procedures used by law enforcement. Here are some of the most effective defenses our team at Feldman & Royle may explore:
Police must have a valid reason (known as reasonable suspicion) to stop a vehicle. If the officer pulled you over without legal justification — for example, based only on age or appearance — the stop may be considered unlawful, and all evidence collected afterward could be suppressed.
Testing equipment must be properly calibrated and maintained. If the breathalyzer or blood testing procedures were mishandled or if the operator wasn’t certified, the test results may be unreliable. Our team works with forensic experts to examine lab reports and uncover any inconsistencies.
Blood samples pass through multiple hands before testing. If there’s a break in the chain of custody or evidence of contamination, the results can be deemed invalid in court.
Even if alcohol is detected, it doesn’t necessarily mean you were impaired or that your driving was affected. Arizona’s underage DUI laws are strict, but showing that you were in control of your vehicle and not driving dangerously can sometimes influence how prosecutors handle the case.
If law enforcement failed to read your rights, conducted an improper search, or violated due process, those procedural mistakes can form the foundation for a strong defense. At Feldman & Royle, our underage dui lawyers meticulously review police reports, body camera footage, and witness statements for any procedural errors.
Sometimes, the entire case hinges on officer observations or weak circumstantial evidence. If their claims are inconsistent or unsupported by physical proof, we can use that to question the prosecution’s case and push for reduced charges or dismissal.
As experienced Phoenix criminal defense attorneys representing individuals charged with Arizona underage DUI charges, our underage DUI lawyers understand the different circumstances and defenses associated with each case. While many people charged with underage DUI believe they will be convicted simply by virtue of having a small amount of alcohol in their system, they forget that alcohol concentration is only one part of an underage DUI defense strategy. Get a free consultation for your underage DUI case with an experienced underage DUI lawyer in Arizona.
When you’re under 21 and facing a DUI charge in Arizona, the stakes are high, and the system can feel stacked against you. Arizona has some of the toughest zero-tolerance DUI laws in the country, meaning even a small trace of alcohol can lead to a criminal record, license suspension, and long-term damage to your future.
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