Will The Court Take My License If I Get An Underage Dui?
Learn what constitutes Underage DUI and the penalties for an Underage DUI charge.
Driving under the Influence poses significant risks and can result in severe penalties for drivers in Arizona. Underage drinking is on the rise. Alcohol is a drug of choice for teens, and the widespread nature of the problem is alarming. Arizona has a Zero tolerance law for drivers under the age of 21 years old. Underage drivers who test positive for any trace of alcohol can be charged with Underage DUI and face stiff penalties.
Underage Driving Happens More Often Than You Think
- One out of every 10 high schoolers drinks and drives.
- One in six teens binge drinks.
- Teen alcohol use kills about 4,700 people each year, more than all other drugs combined.
- A teenage driver aged 16–20 with a blood alcohol concentration (BAC) over .08% is more than 32 times likely to be involved in a fatal car accident than driving sober.
- As a whole, American teens drink and drive 2.4 million times every month.
Underage drinking poses significant risks to young people’s lives. Research illustrates that using alcohol during youth and adolescence can affect brain development, contributing to a range of cognitive problems. Drinking also reduces individuals’ ability to make decisions, increases risky behaviors such as driving under the influence of alcohol, unsafe sexual encounters, or violence.
Drinking endangers adolescents in multiple ways
- Death
- Injury
- Impairs judgment and plays a significant role in risky sexual behavior, including unwanted, unintended, and unprotected sexual activity and sex with multiple partners. Such action increases the risk of unplanned pregnancy and contracting sexually transmitted diseases (STDs), including infection with HIV, which causes AIDS.
- Increased risk of physical and sexual assault.
- Is associated with academic failure.
- Is associated with illicit drug use
- Is associated with tobacco use
- Increased risk of alcohol problems throughout their life
- Interferes with brain development
Teens face legal consequences for underage drinking.
Most people know that the legal drinking age in the U.S. is 21, and that it’s unlawful to sell alcohol to anyone under the age of 21.
A teen can face legal consequences for:
- Purchasing alcohol
- Having alcohol (being a “minor in possession”)
- Consuming alcohol
- Driving under the influence or while intoxicated
There are numerous legal penalties for underage DUIs, including but not limited to the following:
- Fines
- Probation
- Community service
- Loss of driver’s license (often for an entire year)
- Mandatory alcohol education with a treatment professional
- Jail time
According to a Channel 3 news report, 18-year-old James Langston was going 80 miles per hour heading west on Main Street in Mesa, AZ, when he crashed into another vehicle at Gilbert Road, killing the other driver instantly. Police said Langston smelled of alcohol and marijuana, had slurred speech and bloodshot watery eyes. Langston had a blood-alcohol concentration of more than 0.27. Langston was arrested and charged with DUI manslaughter.
Arizona has one of the strictest DUI laws in the nation.
A.R.S. § 4-244(34) provides:
“It is unlawful for anyone under twenty-one to drive a motor vehicle, or physically control a motor vehicle while there is any spirited liquor in the person’s body.”
While other states would allow alcohol concentrations up to 0.02% for underage drivers, Arizona’s zero-tolerance law clearly makes it illegal for anyone under the age of 21 to drive with any amount of alcohol in their system.
In a standard adult DUI charge, you can be charged with DUI if your blood alcohol concentration (BAC) level is 0.08 percent or higher within two hours of having actual physical control of a motor vehicle. In an underage DUI, Even if your BAC is beneath the legal limit, you can be convicted of DUI if you show impairment to the slightest degree.
Penalties in Arizona for Underage DUI
A first-time underage DUI conviction carries a minimum prison sentence of 24 hours, up to 10 days. There is also a $1,600 fine levied on the offender, along with license suspension of 90 – 360 days.
A second-time underage DUI conviction within seven years carries a minimum prison sentence of 30 days, up to 90 days. There is also a $2,500 fine levied on the offender, along with a license suspension of 1 year.
If it can be proved that the underage driver had a BAC of at least .08% or more or was impaired by drugs and alcohol, that driver can still be convicted of a standard DUI and serve at least 24 hours in jail and be subject to the penalties of a standard DUI.
Underage DUI conviction has long-term consequences.
If you’re charged with underage DUI, your penalties will not end when you finish community service, jail time, or the other punishments meted out to you. Instead, you may find your adult life is significantly affected by an underage DUI you got when you were 16, 17, 18, or older. Your DUI may mean:
- You face significant increases in auto insurance premiums or policy termination.
- You lose out on scholarships.
- You lose friends, or your relationship with family is strained.
- You have a hard time securing loans.
- You have a hard time getting apartments.
- Your job prospects are more limited.
When someone runs a background check for your employment or other purposes, they may see DUI charges.
Mistakes you make when you’re young can stay with you and even remain on your record as an adult. In addition to charges of underage DUI, a young person may also face additional charges for traffic violations, possession of false identification, and distributing alcohol to other minors, soliciting alcohol, and child endangerment.
It’s essential to act quickly if you are under 21 years old and have been charged with a DUI. It’s critical to consult with a lawyer who can review all of the facts and advise you of methods to protect your rights and future.
