Underage DUI in Arizona: Laws and Consequences

What Happens if My Teen Gets a DUI in Arizona?

As the parent of a teen, you have a lot on your plate.

If your teenager gets their driver’s license when they turn 16, you have one more thing to think about, in addition to all the costs related to owning another car. It’s something more important: drunk driving. Your teen may get in car with someone who’s been drinking, or they may decide to drink alcohol and get behind the wheel themselves.

For most parents, that’s a terrifying thought.

It’s worse when you realize you haven’t had the talk with your kid yet. By that we mean the DUI talk. That’s what this article is all about: having that tough conversation with your teenager. The one where you make driving under the influence sound so bad, so scary, and filled with so many negative consequences they won’t think about doing it, it even for a nanosecond.

To help prepare you for the talk, we’ll share the latest nationwide facts and figures on teen driving deaths and teen DUI.

Teen Automobile Accident/DUI Fatalities: 2019

• Automobile accidents were the leading cause of death for teenagers (16-19) in the U.S.
• 2,375 teens died in car crashes
  • 1848 of these teens were passengers
  • Mid-May through mid-July are the most dangerous months of the year for teen drivers
  • More accidents involving teens occur on Saturday and Sunday than on weekdays
  • 9pm-midnight is the most dangerous time window for teen drivers
• 24% of teen drivers involved in deadly automobile accidents had alcohol in their system
  • 82% of teen drivers with alcohol in their system that exceeded the legal limit
• 17% of teens nationwide reported riding in the past month with a teen driver who had consumed alcohol
• 5% of teen drivers self-report drinking and driving at least once in the past thirty days.
  • That’s over million instances of teen DUI per month
• 85% of teens who report drinking and driving also report binge drinking

These statistics make it clear that underage and teen DUI is a significant problem in the U.S. Pulling no punches, we want to remind parents and teens that drunk driving kills. Teens are not immune, impervious to consequences, or invincible – although that’s how they often feel when adults lecture them about things like drunk driving.

The ultimate consequence – death – should be a powerful and effect deterrent. If being afraid of death is insufficient, though, we’ll summarize the laws on underage DUI in the State of Arizona, below, so both you and your teen know exactly what might happen if they decide to drink and drive.

Underage DUI in the State of Arizona

The first thing parents and teens in Arizona need to know is that Arizona is a zero -tolerance state.

In Arizona, the penalties for driving with any detectable alcohol in the body are severe. Like Texas and other states, zero tolerance means it’s illegal for anyone under 21 to drive with any alcohol at all in their body.

Here’s the precise wording of the Arizona law A.R.S. §4-244 (34):

“It is illegal for a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.”

For a driver under 21, this is different than a standard DUI. There’s no threshold for intoxication, like the 0.08% blood alcohol content (BAC) required to charge adults or minors with DUI in states without zero tolerance policies. To be clear, the presence of any alcohol at all in the body triggers the zero tolerance, law, as opposed to a determination of impairment.

The second thing to know is that in Arizona, underage DUI laws come in four categories:

1. Underage DUI to the Slightest Degree, also called Baby DUI – which sounds minor, but it’s not. We’ll explain below.
2. Regular DUI
3. Extreme DUI
4. Super Extreme DUI

These laws are triggered by the results of field breathalyzer tests, blood tests performed if your teen is pulled over and taken into custody, or field sobriety tests performed by the police officers who pull over your teen on suspicion of DUI.

We’ll offer information on the consequences of arrest and conviction for these four categories of DUI, starting with Underage DUI to the Slightest Degree, a.k.a. Baby DUI.

Underage DUI to the Slightest Degree (Baby DUI)

As we hint at above, there’s nothing babyish or about the consequences of breaking this law. Underage DUI to the Slightest Degree applies when:

• A test shows an individual under the age of 21 has a blood alcohol content (BAC) of between 0.0% and 0.08% while driving.

Now we’ll share the consequences of arrest and/or conviction for violating the Underage DUI to the Slightest Degree law.

Underage DUI to the Slightest Degree Penalties

• 10-day jail sentence.
  • In some cases, a judge can reduce this to one (1) day.
  • If you prove completion of drug and alcohol screening assessment classes, a judge may suspend the sentence
• Fines and fees of $500 – $2,000
• Mandatory drug and alcohol screening and classes
• Mandatory suspension of license for 90 days
  • The first 30 days, no driving at all is allowed under Arizona law
  • For the last 60 days, restricted driving may be allowed
• In some cases, a judge may order the installation of an Interlock Ignition Device (IID) for six months
  • If you’ve never heard of an IID, click here
  • All related expenses to be paid by teen or family
• The Motor Vehicle Division of Arizona (MVD) will add 8 points to driving record
• A judge may require a Traffic Survival School course
  • All related expenses to be paid by teen or family
• Possible mandated SR-22 insurance for three years
  • If you’ve never heard of SR-22 insurance, click here

As you can see, there’s nothing baby about the consequences of baby DUI in Arizona. Everything in the bullet list above is serious, and expensive.  In addition, penalties increase for each subsequent conviction under this law.

Next, we’ll offer information on the consequences of arrest and conviction under the Regular DUI law in the State of Arizona.

The Regular DUI Law in the State of Arizona

The Regular DUI Law applies when:

• Any individual over age 18 has a blood alcohol content (BAC) of between 0.08% and 0.15% while driving.
• If an individual 18 or older as a BAC of over 0.08% or above, all charges and penalties for Regular DUI may be applied in addition to the charges and penalties for DUI to the Slightest Degree

Now we’ll share the consequences of arrest and/or conviction for violating the Regular DUI Law. We just wrote this, but it bears repeating that a prosecutor can add these charges – and a judge can add these penalties – to pending DUI to the Slightest Degree charges and penalties.

Regular DUI Penalties

• 10-day jail sentence.
  • In some cases, a judge can reduce this to one (1) day.
• Fines and fees between $500 an $1,250
• Mandatory traffic school/traffic course
  • All related expenses to be paid by teen or family
• Mandatory installation of IID
  • All related expenses to be paid by teen or family
• Community service, at judge’s discretion
• Revocation of driver’s license for 90 to 360 days, at judge’s discretion
• Probation up to three years, at judge’s discretion

Penalties increase for each subsequent conviction under this law.

Next, we’ll offer information on the consequences of arrest and conviction under the Extreme DUI law in the State of Arizona.

The Extreme DUI Law in the State of Arizona

The Extreme DUI Law applies when:

• Any individual over age 18 has a blood alcohol content (BAC) of between 0.15% and 0.20% while driving.
• If a minor has a BAC of over 0.15%, all charges and penalties for Extreme DUI may be applied in addition to the charges and penalties for DUI to the Slightest Degree

Now we’ll share the consequences of arrest and/or conviction for violating the Extreme DUI Law. At risk of belaboring the point, we’ll repeat that a prosecutor can add these charges – and a judge can add these penalties – to pending DUI to the Slightest Degree charges and penalties.

Extreme DUI Penalties

• 30-day jail sentence.
  • In some cases, a judge can reduce this to ten (10) days.
• Fines and fees up to $2,500
• Mandatory traffic school/traffic course
  • All related expenses to be paid by teen or family
• Mandatory installation of IID
  • All related expenses to be paid by teen or family
• Minimum 30 hours community service
• Revocation of driver’s license for one (1) year or more, at judge’s discretion
• Probation
  • Length at judge’s discretion

Penalties increase for each subsequent conviction under this law.

Next, we’ll offer information on the consequences of arrest and conviction under the Super Extreme DUI law in the State of Arizona.

The Super Extreme DUI Law in the State of Arizona

The Super Extreme DUI Law applies when:

• Any individual over age 18 has a blood alcohol content (BAC) of 0.20% or above while driving.
• If a minor has a BAC of over 0.20% or above, all charges and penalties for Super Extreme DUI may be applied in addition to the charges and penalties for DUI to the Slightest Degree

Now we’ll share the consequences of arrest and/or conviction for violating the Super Extreme DUI Law. Yes, a prosecutor can add these charges – and a judge can add these penalties – to pending DUI to the Slightest Degree charges and penalties.

Super Extreme DUI Penalties

• 45-day jail sentence.
• Fines and fees up to $2,500
• Mandatory traffic school/traffic course
  • All related expenses to be paid by teen or family
• Mandatory installation of IID
  • All related expenses to be paid by teen or family
• Minimum 30 hours community service
• Revocation of driver’s license for one (1) year or more, at judge’s discretion
• Probation
  • Length at judge’s discretion

45 days in jail, with no leeway, is serious. Any jail sentence is serious, but with regards to Super DUI in Arizona, there’s a 45-day minimum sentence, with no apparent ability to negotiate that down. In addition, penalties increase for each subsequent conviction under this law.

Note: Our research reveals a gray area in the law for individuals age 16-17 regarding jail time, if convicted of DUI and a judge orders jail time. Phone conversations with legal staff in various Arizona law offices indicate that in some rare circumstances, a 16-17 year old might be tried as an adult and therefore serve time as an adult, in adult jail. This would be rare, and the circumstances would have to be extreme, but it could happen.

Alcohol-Related Charges Beyond DUI Charges May Apply

Underage drinking and driving may trigger additional criminal charges related to underage drinking. These charges may include:

• Possession of alcohol by a minor
• Soliciting the purchase of alcohol by a minor
• Possession or use of false identification
• Any traffic violations committed while driving under the influence
• Identity theft related to the use of false identification
• Providing a police officer with a false name

In addition to all this, charges or conviction for additional crimes while driving under the influence of alcohol may affect the penalties imposed by a judge. These include crimes such as possession of drugs, the presence of other minors in the car. Any violence or harm/damage to property or harm to other people may also increase the penalties imposed by a judge.

How Parents Can Prevent Underage DUI

To prevent your teen from driving under the influence or riding in a car with another teen under the influence, the first step is to talk to your teen about it. Make it clear that DUI is serious. We provided the latest information on Arizona law, above. It’s your turn to prepare for the DUI talk by visiting the following websites and reading their information:

• The Centers for Disease Control (CDC) page on teen motor vehicle accidents here.
• The CDC page on teen DUI here.
• National Highway Traffic Safety Administration page on DUI here.
• The National Institute on Alcohol Abuse and Alcoholism page on underage drinking here.

Don’t wait until it’s too late to have the DUI conversation with your teenager. In case everything we just provided isn’t enough, here’s what we recommend you say to your teenager about drinking and driving.

Ten Things to Tell Your Teen About Underage DUI

1. You shouldn’t be drinking in the first place – it’s illegal, and has negative physical, social, and psychological consequences.
2. If you do drink, never, ever, ever drive.
3. You might hurt yourself, or worse, die.
4. You might hurt someone else, or worse, kill someone. That includes anyone in you car, people in other cars, or innocent bystanders on the street.
5. You might get probation, community service, or serve time in real adult jail and/or juvenile detention.
6. You or your parents might be legally required to spend substantial amounts of money on court fees, fines, and lawyers.
7. Your license might get suspended until you’re eighteen.
8. You’ll potentially ruin your chances at getting into the college or university of your choice.
9. You might limit your chances of getting scholarships, grants, or financial aid from colleges or universities.
10. You might negatively impact potential future career opportunities.

With all of that said, we recommend making your teen sign the CDC Parent-Teen Driving Agreement. We advise you to get it in writing before you give them the car keys. The conversation, the knowledge, and the written agreement may all seem over-the-top but that’s okay. Do it anyway. Also, many teens rebel at boilerplate agreements. That’s fine, too. They can get over it. And if you’re lucky enough to have a teen who makes good decisions and would never in a million years consider driving drunk, don’t leave it to chance. Have the talk and make them sign the agreement anyway. The consequences of ignorance, in this case, far outweigh any possible argument for not giving your teen with all the relevant facts, making sure they understand them, and making them agree they will never, ever, ever drive after drinking.