Underage Drinking and Driving Lawyer in Phoenix Arizona
If you are under 21 years of age and charged with an alcohol-related offense, you need experienced representation. Unfortunately, these charges can wreak havoc in your life for years to come. Students pursuing higher education and entry into many professions can be jeopardized by an underage DUI conviction. At Castillo Law, Cindy has a thorough understanding of Underage Drinking and Driving DUI defense tactics and will help you to find a resolution that protects you and your future from the worst possible consequences of an underage drinking and driving charge.
In the State of Arizona minors and young adults under age 21 can be charged with Underage Drinking and Driving when they have only a trace of alcohol in their system (.01 BAC), even if there are no physical signs of impairment.
Arizona Revised Statutes §4-244(34) allows a charge for Underage Drinking and Driving when any person under the age of twenty-one (21) drives or is in actual physical control of a motor vehicle while there is any spirituous liquor in that person’s body.
This statute means that even if you feel completely sober and capable of driving, it is still a violation of the law to have any alcohol in your system while driving if you are under the age of 21.
Possible Punishment for Underage Drinking and Driving
While the Underage Drinking and Driving charge by itself does not require any jail time, a person under the age of 21 can still be sentenced by a judge to jail from zero (0) days up to six (6) months because it is still considered a class one (1) misdemeanor. In addition, there can be a fine of up to $2,500.00 plus surcharges, and alcohol and/or drug screening and treatment classes. It is mandatory that the person’s license be suspended for two (2) years. However, a judge is allowed to order that the DMV 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 (2) year period.
Some typical penalties for a first offense Underage Drinking and Driving conviction include:
- Mandatory license suspension of 24-months (eligible for restricted permit at court’s discretion )
- If allowed a restricted permit, MVD requires an ignition interlock device installed in any vehicle you drive and SR-22 insurance for 3 years
- A class 1 misdemeanor criminal record for life – unless charged in a juvenile court
- Fines and surcharges
- Possible probation, alcohol and/or drug education screening and treatment classes, community service and other penalties at the discretion of the court
Collateral Consequences include: insurance companies increasing monthly premiums; and/or refusing to insure a young person who is currently on a restricted driving permit during those two (2) years. If you do not have a valid license, some mechanic schools will deny you entry into their school or worse, you may be denied an entry level job due to a Drinking and Driving charge. You may be restricted for jobs requiring finger print clearances. There are also mandatory disclosure requirements for many professional licensing boards.
Possible Defenses for Underage Drinking and Driving
There are a number of possible defenses for Underage Drinking and Driving. Here are a few: No Reasonable Suspicion for Stop; No Actual Physical Control; No Probable Cause for Arrest; Inaccurate Breath, Blood or Urine Results; Constitutional Violations such as Denial of Right to Counsel; Miranda; Coerced Testing; and other Due Process Violations.
At Castillo Law, Cindy Castillo offers free consultations and affordable yet quality representation. This gives you an opportunity to gauge the knowledge and experience of the lawyer and also determine whether she is the right lawyer to fight your case.
Call Castillo Law for a Free Consultation 24/7 at (480) 206-5204. Se Habla Español.