DUI Offenses for Underage Drivers
What constitutes an underage DUI in Arizona? The state of Arizona has a unique "Baby DUI" law that applies to drivers under the age of 21 who have consumed alcohol or drugs before operating a vehicle. This is defined in A.R.S. 4-244(34). The main difference between an underage DUI and an adult DUI lies in the evidence needed for conviction. In the case of an adult DUI, the prosecution must prove either impairment or a blood alcohol level of .08% or higher, or the presence of drugs. However, for an underage DUI, only proof of consuming even a small amount of alcohol is required. This is because the intent of the law is clear.
The state of Arizona has strict laws regarding alcohol consumption and possession for individuals under the age of 21. Any person found driving under the influence of alcohol or drugs will face a conviction known as a "Baby DUI". The legal limit for blood alcohol concentration (BAC) for drivers under 21 in Arizona is 0.00%, meaning that even a small amount of alcohol in the system of a person under 21 operating a motor vehicle can result in a charge for underage DUI. Arizona is known for prosecuting all DUI cases, including those involving minors, with severity. As such, individuals facing this offense should be prepared for significant consequences. It is highly recommended to seek the assistance of experienced and skilled legal representation in such cases.
Arizona's Laws and Consequences for "Underage" DUI
According to ARS 4-244(34), the term "Baby DUI" pertains to an individual under the age of 21 who is driving or in physical control of a motor vehicle while having consumed any amount of alcohol or drugs, as previously mentioned.
The consequences for a "Baby DUI" are not the same as those for an adult DUI. The main distinction is that a Baby DUI does not mandate a minimum jail sentence. In Arizona, all adult DUIs have a mandatory minimum jail time of at least one day. On the other hand, a first-time Baby DUI offender may not have to serve any jail time. Despite this, a Baby DUI may still result in other potential repercussions, such as:
- Counseling for Alcohol or Drug Abuse
- The judge has the discretion to decide whether to grant a temporary license during the mandatory 2-year suspension of the driver's license.
- As part of probation, up to 6 months in jail may be imposed.
- Probation can last up to 5 years.
- Community service may be required as a form of restitution.
- An ignition interlock device must be installed for 2 years as a mandatory requirement.
These are severe potential repercussions, and they only apply to first-time offenders. However, DUI prosecutions tend to become even more severe for those with prior convictions. If a second offense occurs within 84 months, the consequences will be the same, but they will also be longer and harsher. Furthermore, if a person commits their third DUI offense within 84 months, it will be considered a felony.
Minor Underage Drivers can be Charged with Misdemeanor or Aggravated DUI
DUI Offense for Drivers Under the Age of 21
In Arizona, the State has the authority to levy misdemeanor or felony DUI charges against a driver who is below the legal age limit. This is applicable when the driver is found to be "slightly impaired" or if their Blood Alcohol level exceeds .08%. The State can charge a misdemeanor DUI under A.R.S. 28-1381 or 28-1382. Additionally, the State may also charge a felony aggravated DUI under A.R.S. 28-1383. Furthermore, other misdemeanors may be charged, such as underage consumption of alcohol or possession of alcohol by a minor, depending on the circumstances.
Aggravated DUI Charge for Minors as a Felony
There are certain elements that may lead to being charged with felony aggravated DUI. One of these factors is being convicted of a "Baby DUI" which would result in a mandatory 2-year suspension of the driver's license. In the case of an 18-year-old who is convicted of "Baby DUI" under A.R.S. 4-244(34) and continues to drive while impaired during the 2-year license suspension, they may face felony charges. This charge would fall under A.R.S. 28-1383(A)(1) for Aggravated DUI due to the suspended license.
Moreover, if an individual with a "Baby DUI" operates a vehicle while impaired and the required ignition interlock device is present, the same felony conviction will result. This falls under A.R.S. 28-1383(A)(4) as Aggravated DUI due to the Ignition Interlock Device Requirement. Additionally, an underage driver could be charged with Aggravated DUI if they commit a third or more offense within 84 months, as stated in A.R.S. 28-1383(A)(2). Alternatively, an underage driver could also be charged with Aggravated DUI if they drive on the wrong side of a highway or freeway, in accordance with A.R.S. 28-1383(A)(5). Lastly, an underage driver could be charged with Aggravated DUI if they have a Minor under 15 years old in the vehicle, as specified in A.R.S. 28-1383(A)(3).
Aggravated DUIs are considered Class 4 Felonies, with the exception of Aggravated DUI for Driving With A Minor Under 15 Years Old, which is classified as a Class 6 Felony. In addition, Class 4 Felonies, except for Aggravated DUIs due to the Ignition Interlock Device Requirement, have a minimum mandatory prison term of 4 months as part of their probation.
In fact, being convicted of a "Baby DUI" can lead to both misdemeanor and felony charges for Aggravated DUI. The repercussions for either type of conviction can be severe, as mentioned earlier. Apart from the financial and freedom implications, those found guilty of Aggravated DUI also face the possibility of having their driver's license revoked. On the other hand, a Baby DUI conviction results in a substantial suspension of one's driver's license.
A 2-Year License Suspension for "Baby" DUI
According to A.R.S. 28-3322(A), a driver aged 18, 19, or 20 who is found guilty of "Baby DUI" will have their license suspended for 2 years, which may seem severe based on the previous discussion. However, there is a provision in A.R.S. 28-3322(B) that allows the Court to potentially grant a temporary-restricted license. This type of license permits the individual to drive for work, school, and other necessary obligations. The decision to grant a temporary-restricted license is at the discretion of the Court and is not guaranteed. Generally, Courts aim to support individuals in maintaining employment and furthering their education, so temporary-restricted licenses are often granted unless the driver has proven to be irresponsible. Examples of irresponsible behavior include consistently disregarding driving restrictions or failing to comply with court orders after a DUI conviction.
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