Underage Drinking & Driving Attorneys Serving Arizona
Driving under the influence of drugs or alcohol is taken very seriously in the state of Arizona. The legal age to consume and purchase alcohol is 21. When a driver aged 21 or older has a blood alcohol content that is 0.08 percent or higher, they can be charged with a DUI. That being said, a lot of people who are under the age of 21 still drink alcohol and make the unfortunate choice to get behind the wheel. If you have been arrested for underage drinking & driving in the Phoenix area, it is important to consult with an experienced DUI attorney who can effectively fight your charges. Contact Weintraub & Weintraub today.
Zero Tolerance Policy
If you are charged with driving under the influence at any age, you will face serious consequences. Arizona’s “zero tolerance” policy means that even if a person under the age of 21 has a blood alcohol content of 0.01 percent, they can be charged with underage drinking and driving. This is because Arizona’s drinking and driving laws specifically state that it is illegal for a person under 21 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.
Consequences of a First Offense Underage Drinking & Driving
Being charged with a first offense underage drinking and driving charge has lasting impacts on your future. In fact, this crime is considered a class one misdemeanor. The consequences for a first offense in Arizona include the following:
- Fines and fees up to $500
- A loss of driving privileges for up to two years
- Court may order community service
- Alcohol screening, treatment, and education
A second or subsequent charge of underage drinking & driving may result in 30 days in jail, up to $500 of fees, court-ordered substance abuse screening or treatment, and community service.
The judge is allowed to order the Arizona Department of Transportation to issue a restricted driving permit which allows the person to drive to and from work, school, and any court ordered alcohol classes during that two year license suspension period. Therefore, it is essential to retain the services of an attorney who can effectively fight on your behalf.
Defenses for Underage Drinking & Driving
There are defenses to be explored for an underage drinking & driving charge, some of which include:
- The accused not driving at the time of the stop
- The law enforcement officer had no reasonable suspicion to conduct an investigative stop
- The law enforcement officer not having probable cause for an arrest
- The law enforcement officer improperly administered field sobriety tests
- The law enforcement officer violated your constitutional rights
- The breath testing device was inaccurate
- The blood or breath sample was not obtained or analyzed properly
Contact Weintraub & Weintraub
If you have been charged with underage drinking & driving in Phoenix, it is essential to retain an attorney who can explore all defenses and work to lessen your penalties. Weintraub & Weintraub has years of experience representing complex DUI cases and has a record of success. Contact Weintraub & Weintraub today.