Arizona's Zero Tolerance Laws for Minors

According to ARS §4-244, it's unlawful for anyone under 21 to consume alcohol or drive with any alcohol in their system. A person under the legal drinking age arrested for DUI may face additional charges for underage drinking and driving. Fighting the charges can be an expensive and time consuming process, especially without the help of an experienced Phoenix DUI attorney.

Exceptions to Underage Drinking Laws

Arizona law does include specific exceptions that allow for underage drinking, but they are strictly limited by state law. These include religious ceremonies and for medical reasons.

Underage drivers exempted from the alcohol prohibition in these narrow circumstances are still not permitted to endanger the health or safety of the public and are subject to legal consequences as soon as they depart the location (like a church) with alcohol in their system. Anyone under the age of 21 who is stopped in public or while driving with any detectable BAC is in direct violation of Arizona’s zero tolerance policy for underage drinking.

There are no exceptions to Arizona’s alcohol laws for married individuals or those with international citizenship who are under 21, even if they could legally drink in their home country. Underage military members or veterans are not allowed to drink alcohol in public or in private and they may not consume alcohol on military bases.

Can Minors Drink Alcohol on Tribal Lands?

In Arizona, the legal drinking age on Native American reservations is set at 21, consistent with state and federal laws. This means that it is not legal for 18-year-olds to consume alcohol on reservations in Arizona.

Legal Consequences of Zero Tolerance Laws

The penalties for violating state laws against minor consumption can include harsh fines, mandatory alcohol education programs, community service and even jail time. College students should be particularly alert to underage drinking laws. Convicted individuals may face expensive court fees, probation and suspension or revocation of driving privileges for up to two years.

Beyond the legal repercussions, a conviction can impact academic standing, scholarship eligibility and future career opportunities. Many professional degree programs in nursing and health sciences will not accept applicants with a criminal background. An experienced DUI attorney may be able to help students facing DUI charges with plea agreements or examine evidence for opportunities to challenge the prosecution’s case.

Underage Drinking Among Arizona High School Students

Underage drinking and DUI isn’t just a problem for college students. High school students throughout the state face risks associated with underage drinking. The 2022 Arizona Youth Survey indicates a slight decrease in self-reported alcohol use among students from 2020 to 2022 across all grade levels. However, consistent reports of around 30 percent of students having used alcohol suggest that underage drinking remains a significant issue in the state.

Implied Consent Laws in Arizona

Drivers in Arizona, including those under the age of 21, are subject to the Implied Consent Law. By operating a motor vehicle in the state, drivers implicitly agree to undergo breathalyzer or blood tests if suspected of drinking and driving. Refusal to submit can lead to an automatic suspension of driving privileges.

If sobriety tests indicate alcohol presence, the individual will still likely face legal consequences. This starts with an arraignment, where the defendant will hear the charges and enter a plea. The court processes that follow might involve plea discussions or a trial. A board-certified DUI defense attorney can help you understand your options and potential outcomes.

The Role of Adults and Broader Implications

Arizona's zero tolerance laws also place responsibility on adults. Providing alcohol to minors, hosting parties with underage drinking or serving alcohol to minors at a bar can lead to serious legal consequences.

An adult supplying alcohol to someone under the legal drinking age can be charged with contributing to the delinquency of a minor. This can include scenarios like hosting parties where alcohol is accessible to underage individuals or purchasing alcohol expressly for consumption by people under 21.

Depending on the nature and outcome of the incident, penalties can range from fines to more severe legal repercussions that might include felony criminal charges. If a minor drives under the influence after consuming alcohol provided by an adult and is then involved in a DUI incident, the adult who supplied the alcohol could also face civil lawsuits for damages or injuries caused by the intoxicated minor.

The Importance of Expert Legal Defense in Underage Drinking Prosecutions

If you or a loved one is facing underage drinking or DUI charges related to zero tolerance laws in Arizona, remember that you don't have to navigate these complexities alone. Seeking professional legal guidance can make a significant difference.

Michael Alarid III is one of only two Arizona attorneys who has both the National College for DUI Defense (NCDD) board certification in DUI defense and the Arizona State Bar board certification in criminal law. He is uniquely situated to provide knowledgeable and effective guidance and representation in these serious matters, which have the potential to inflict long-term consequences on young people with their whole lives still in front of them.

Don’t let a misunderstanding or a momentary lapse in judgment define your future or that of your child. Contact us (602) 818-3110 to schedule a free case evaluation.