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According to the Centers for Disease Control and Prevention (CDC), people age 12 to 20 consume 11% of all alcohol in the United States. They further note that underage drinking results in more than 119,000 visits to hospital emergency rooms every year, many involving driving under the influence. Alcohol and other drug use by people under age 21 also cost the United States nearly $25 billion annually.

In Arizona, underage DUI (also known as “baby DUI”) is a serious crime. The state is often cited as having the strictest underage DUI laws of anywhere in the country. Despite rigid penalties and a decrease in overall DUI convictions in recent years, thousands of underage drivers still get behind the wheel every year while they are impaired.

If you've been charged with a DUI and are under the age of 21, you will want to gather as much information as possible so you can make informed decisions about your immediate and long-term future. You’ll also want to hire an attorney with experience specifically dealing with Underage DUI. Below are some of the most common questions asked by parents and others who have experienced an underage DUI charge in Arizona.

What is the legal drinking age in Arizona?

The legal drinking age in Arizona is 21. The only exceptions to this law are drinking for religious ceremonies and services or if for legitimate health or medicinal purposes. It’s also worth noting that it is illegal for anyone under the age of 21 to patronize a bar without being accompanied by a legal guardian or parent. Employees who are at least age 19 may also occupy a bar during work hours.

What is the legal limit to be charged with an underage DUI in Arizona?

Those who are age 21 or older can be charged with a DUI if they are operating a vehicle with a Blood Alcohol Content of .08 percent or greater. Arizona has a zero-tolerance law for underage drivers. For anyone under the age of 21, that amount is zero. Arizona law (statute ARS § 4-244(34)) states that if there is any amount of alcohol in a minor’s body who is driving or otherwise in physical control of a vehicle, they can be charged with a DUI. Arizona law does not require proof that the BAC was above or at the .08 adult limit.

What are the penalties for an Arizona underage DUI?

If you are convicted of an underage DUI in Arizona, you are guilty of a class 1 misdemeanor. In addition to a $1,600 fine, first-time offenders face a minimum of 24 hours and a maximum of 10 days in jail. There is also an automatic driver’s license suspension of anywhere between 90 and 360 days. Depending on the age of the driver, BAC level, criminal record, injuries involved, and other circumstances surrounding the DUI, other possibilities for license suspension or revocation also exist. They include:

• Additional fines and court fees
• Suspension of driver’s license for up to two years
• Court-ordered community service
• Additional substance abuse screening, counseling, and education

If you are convicted of a second-time underage DUI within seven years of the first, there is a $2,500 fine, a one-year driver’s license suspension, and a minimum 30-day prison sentence (up to 90 days). Additional penalties are also possible for second-time offenders.

While it is possible that penalties will be charged to the full extent of the law, it is not very common. Most convictions result in no jail time or a suspended jail sentence, required attendance and completion of an alcohol education course, and unsupervised probation. Offenders also often have their driver’s license suspended for a minimum of two years and will have a criminal conviction placed on their permanent record. The latter can be particularly harsh, considering a criminal record can adversely affect things like employment opportunities, college admissions, residencies, and athletic eligibility.

What other ramifications can an underage DUI entail?

Because other laws may have been broken when a minor receives a DUI, there can be additional consequences. These laws usually involve:

• Other moving and vehicle maintenance violations
• Soliciting alcohol
• Possession by a minor
• Possession of false identification
• Distribution of alcohol to other minors
• Child endangerment law violations

Know that a minor can be charged with a regular DUI under certain circumstances, as well as a marijuana-related DUI, drugged driving, Extreme DUI, or a felony DUI. If an accident was involved, additional charges could include vehicular endangerment, vehicular assault, or vehicular manslaughter.

What is an Arizona Underage DUI Diversion Program?

Some courts in Arizona offer DUI Diversion Programs in which someone convicted of possession or a DUI can pay fines and fees and attend alcohol abuse classes in exchange for preventing a criminal conviction from appearing on their permanent record. In the past, these deferred prosecution classes were typically offered through Arizona’s non-profit Treatment Assessment Screening Center (TASC). Unfortunately, TASC announced they were closing their doors as of August 28, 2020, which may impact the availability of these types of classes. Determining whether or not you may be eligible for a Diversion Program should be discussed with your lawyer.

How does being convicted of an Underage DUI in Arizona affect my insurance?

An insurance company will likely terminate an auto insurance policy when there has been an Underage DUI conviction. However, some insurance companies will renew the policy at a new (higher) rate for high-risk drivers. Monthly premiums typically see a $100 to $200 increase, with higher rates expected for the next 3 to 5 years.

If a conviction has resulted in a driver’s license suspension, individuals will also be required to submit a Statement of Financial Responsibility (SR22). In Arizona, an SR22 involves an insurance company providing a Certificate of Insurance stating that the insured driver has deposited $40,000 into a fund held by the Arizona Office of Treasurer. The deposit can either be made in cash or via certificates of deposit, and proof of future financial responsibility must be maintained for three years from the date of reinstatement eligibility.

What is being done to prevent Underage DUI’s in Arizona?

The National Highway Traffic Safety Administration, the CDC, and the Arizona DMV regularly implements strategies and resources to help reduce the number of Underage DUI’s that occur every year. They include:

Drunk Driving Laws such as the “zero tolerance” law.

Suspension and Revocation Laws that take away driving privileges from drivers who test above the legal limit or refuse to test at the time of the arrest.

Alcohol Screenings and Interventions that assess risk for alcohol-related problems and refer or provide treatment options.

Mass Media Campaigns offering statistics, health dangers, and the legal implications of receiving an Underage DUI.

Sobriety Checkpoints that allow authorities to stop vehicles briefly to administer breathalyzer tests and check for impairment.

School-Based Instructional Programs that reach teenagers who may be at risk for drinking and driving themselves or may be likely to ride with a drunk driver.

Ignition Interlocks that measure alcohol on a driver’s breath and prevent a vehicle from starting if their BAC is at or above a certain level (usually .02%).

Combined Interventions that partner community and law enforcement organizations to help raise DUI awareness.