When it comes to underage motorists, many states, including Arizona, have implemented zero-tolerance or not-a-drop laws. Under Arizona DUI law, anyone under the age of 21 is prohibited from operating a motor vehicle when there is “any spirituous liquor in the person’s body.” Thus, unlike an adult, a minor can be arrested and charged with an Arizona DUI if there is any amount of alcohol in their system, even if the minor is not intoxicated or under the influence of the substance. Of course, because no motorist is permitted to drive under the influence of illegal drugs, minors and adults alike can be found guilty of DUI if they have illegal drugs in their system.

19-Year-Old Arrested and Charged with DUI Offenses after Fatal Accident

Last week, a 19-year-old driver and his three passengers were involved in a serious accident with a semi-truck in Avondale. According to a local news report, the collision occurred when the minor allegedly rear-ended the semi-truck that was in the process of making a left turn. The minor’s car became wedged underneath the truck.

Evidently, none of the people in the minor’s car were wearing their seatbelts. One of the passengers died in the accident, and two others were seriously injured. The minor broke his leg. When police arrived on the scene, they noticed that there were multiple 12-packs of beer in the back seat. When they spoke to the minor, he indicated that he had smoked marijuana earlier in the day, and that his passengers were smoking it as he was driving.

Police arrested the minor and conducted a blood-alcohol test, indicating that his blood-alcohol content was .051. It was also discovered that the minor’s license was suspended the month prior for another DUI offense. While the prosecuting authority had not issued formal charges at the time of the article’s publication, investigators recommended the minor be charged with reckless manslaughter, aggravated DUI, and aggravated assault.

Have You Been Arrested for an Arizona DUI?

If you or your child has recently been arrested for an Arizona underage DUI, contact the dedicated Arizona DUI defense attorney James E. Novak. Attorney Novak has over 17 years of personal experience handling DUI and criminal matters in Arizona, for both adults and minors. To learn more about how Attorney Novak can help you defend against the charges you or your child is facing, call 480-413-1499 to schedule a free consultation today.

Additional Resources:

• A.R.S. section 4-244
• A.R.S. section 28-1381

Other Articles of Interest from The Law Office of James Novak’s Phoenix DUI Blog: Court Discusses Spousal Privilege in Recent Arizona DUI Case, Phoenix DUI Law Blog, December 11, 2018

Court Allows Results of Defendant’s Blood Test to Show Her Knowledge of the Drugs That Were Found in Her Car, Phoenix DUI Law Blog, November 29, 2018

Of course, motorists are not the only people who may be charged for alcohol-related crimes. Sometimes store owners and bartenders may be charged with providing minors with alcohol. Let’s consider these kinds of cases right now.

Providing Alcohol to a Minor Is a Serious Crime

Whether it’s accidental or intentional, providing alcohol to a minor is a violation of the law. Only people who are aged 21 or older can be in possession of an alcoholic beverage, and those who provide minors with alcoholic beverages will be held accountable for their actions by the state.

Different Kinds of Offenses to Keep In Mind

Providing alcohol to a minor covers different kinds of offenses, such as selling alcohol to a minor, purchasing alcohol for a minor, giving alcohol to someone who is underage, and providing alcohol to minors at a function in a private residence.

Penalties for Providing Alcohol to Minors

The following penalties are faced by those who provide alcohol to people who are underage:

• Fines of up to $2,500 with additional surcharges
• Up to six months in jail
• The offense remains on your criminal record for life
• Potential suspension of liquor license

Keep in mind that you may also be held liable for any injuries or property damage that results from the sale of alcohol to a minor if the minor is involved in an auto accident or other serious incident.

Tips for Preventing Accidental Sale to Minors

If you own a bar, convenience store, or a liquor store, there are several things that you can do in order to prevent the sale of alcohol to a minor.

First of all, it’s a good idea to thoroughly check any purchaser’s ID, which means comparing the face in the ID photo to the person who is buying the alcohol. Ask the purchaser his or her age and date of birth. An incorrect response may be the sign of a fake ID or borrowed ID, and you’d be surprised how such a simple question can throw someone off who is underage. As for other valid ID if the provided ID seems suspect in any way.

Legal Options If You Are Accused of Providing to a Minor

If you have been accused of selling alcohol to a minor, it’s important that you have skilled attorneys on your side to help you with your case. Our team will be sure to carefully consider your case and all of the circumstances involved and help you avoid major penalties when possible. We will strive to minimize damage to your business and your reputation and help you make wise choices about all such matters related to alcohol laws.

Speak with Our Criminal Defense Attorneys

For more information about your legal options following an alcohol-related crime of any kind, it’s important that you contact our criminal defense attorneys today. Our legal team will make sure that you receive a fair hearing and that all evidence is carefully considered in your case.

We notice that many people who are not of legal age to drink often make poor decisions and attempt to purchase alcohol or gain access to bars. Many times this is done with the use of a fake ID. These kinds of choices shouldn’t be taken lightly since it’s a serious crime.

Using Fake Identification is Illegal

Any use of a fake document as proof of age is a violation of the law. This covers the use of a fabricated ID that makes you seem older as well as the use of another person’s ID in an attempt to pretend you are that individual.

Even tampering with or altering a legitimate form of government identification such as a passport or a driver’s license is against the law.

Penalties for the Use of Fake IDs

The penalties for using a fake ID are stiff and vary a bit depending on the circumstances.

Those who use a fake ID to misrepresent their age and purchase alcohol are subject to a fine of up to $2,500 as well as up to six months in jail. In those cases, the person’s legitimate driver’s license is suspended for six months if he or she is convicted. When the minor does not have a legitimate driver’s license, they will be disallowed from applying for a license for six months.

If a minor uses another person’s identity to create a fake ID, this is a potential act of identity theft. Fines can reach up to $150,000 and violators may also be required to spend a year and a half in prison.

Additional Penalties Can Mount from Related Charges

The use of a fake ID is not the only thing that you can be charged for. The penalties can mount up given the circumstances of your case.

For instance, it is a violation of Arizona state law for a person under the age of 21 to drink, purchase, receive, or have in their possession an alcoholic beverage. The same goes for minors falsifying their identity to get into a bar or club. If a minor who is a drunk driver present his or her fake ID to a police officer, that is also a crime. All of these carry their own penalties.

Knowing Your Legal Options and What You Can Do

Given the severity of multiple charges stacked together, it helps to have a skilled attorney working with you on your case. Our firm will help you make smart legal decisions with regard to all such issues, finding ways to reduce penalties when possible.

Learn More About Drunk Driving Cases

For more information about the legal penalties related to drunk driving cases, be sure to contact our DUI defense attorneys today. The entire team looks forward to meeting you in person and helping you with all of your legal needs. We will help you make the right choices with regard to your legal options.

One issue that comes up a lot is the legal penalties for people under the age of 21 who are caught driving drunk. Let’s look at these matters right now.

Drunk Driving at Any Age Is No Laughing Matter

We want to stress that drunk driving is a serious offense and that people should not get behind the wheel when they have had too much to drink. Yet many minors obtain alcohol illegally and engage in dangerous behavior that puts themselves and others at risk.

Legal Age and the Legal Limit

The legal age to consume alcoholic beverages in the state of Arizona is 21.

While the legal limit in Arizona is 0.08 for people of age, there is a zero tolerance policy for minors. This means that there should be no alcohol found in their system if they are pulled over.

Zero Tolerance Means Zero (with Two Exceptions)

While zero means zero for the vast majority of underage motorists, there are two specific exceptions to this strict BAC law:

• Religious Exception – The alcohol was discovered in the minor’s system as a result of a religious ceremony
• Medical Exception – The alcohol was discovered in the minor’s system as part of a medical procedure

Even if an underage motorist meets one or both of these exceptions, the motorist should still be sober in general and not putting others in danger due to reckless habits on the road.

Penalties for Drunk Driving Offenses

For first-time drunk driving convictions of a minor, he or she will face the following in addition to other penalties:

• Imprisonment of 24 hours to 10 days
• A fine of $1,600
• License suspension for up to a year

Keep in mind that there is a look-back period even if a drunk driver is caught behind the wheel and of age.

For second-time drunk driving convictions within seven years of the initial conviction, the driver will face the following penalties:

• Imprisonment of up to 90 days
• A fine up to $2,500
• License suspension for one year

Other Charges Can Mount Up

In addition to other fines and required actions associated with the drunk driving charge, underage drivers may also face additional charges based on their age, including

• Possession of alcohol by a minor
• Distribution of alcohol to passengers
• Possession of false ID
• Moving vehicle violations (e.g., speeding, reckless driving)

Legal representation is crucial in these cases given how all of the penalties may stack against you. That’s why our attorneys are here to help.

Learn More About Drunk Driving Cases

If you or your child has been charged with drinking and driving, it’s important that you have skilled lawyers on your side. Be sure to contact our DUI defense attorneys today.