Arizona’s Underage ("Not-a-Drop") DUI Law

Read about the consequences for underage drinking and driving in Arizona.

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As in all states, Arizona has an underage DUI that applies specifically to drivers who are under the age of 21. An underage DUI is sometimes called a "not-a-drop" or "baby DUI" violation in Arizona.

This article explains how Arizona's underage DUI law works, including the penalties you'll face for a violation.

Arizona's Underage ("Not-a-Drop") DUI Law

Arizona has a strict "not-a-drop" law that makes it illegal for drivers under the age of 21 to drive with any detectable amount of alcohol in their system. An underage violation differs from a standard DUI because it doesn't require proof that the driver's blood alcohol concentration (BAC) was .08% or more or that the driver was impaired.

Arizona's Underage DUI ("Baby DUI") Penalties

An underage DUI in Arizona is commonly referred to as a "baby DUI." It's considered a class 1 misdemeanor and is punishable by:

  • up to 6 months in jail, and
  • a maximum fine of $750.

Unlike an adult DUI, underage DUI does not carry mandatory minimum jail or fines. However, underage drivers convicted of having alcohol in their system do face a mandatory two-year license suspension. For many drivers, two years without a license is worse than the mandatory jail and fines for a standard DUI.

Underage Drivers in Arizona Can be Charge With a Standard DUI

An underage driver can still be convicted of a standard DUI if there's evidence that the driver had a BAC of at least .08% or more or was impaired by drugs or alcohol. If convicted, the underage driver will have to serve at least 24 hours in jail and be subject to all the other penalties of a standard DUI.

Getting a Restricted License After an Underage DUI in Arizona

Judges have the option of allowing an underage motorist to have limited driving privileges during a DUI suspension—typically, just for going to and from home, school, and employment. If the judge allows limited driving privileges, the driver must install an ignition interlock device.

Alcohol-Related Charges for Underage Drinkers

Underage drinking and driving commonly involve other criminal charges related to underage drinking. Common charges include:

  • minor in possession of alcohol
  • soliciting alcohol
  • possessing and/or using a fake ID
  • various traffic violations
  • identity theft, and
  • refusing to provide a truthful name when detained

Some of these charges can carry serious consequences if the driver is convicted.

Talk to an Arizona DUI Lawyer

If you've been arrested for driving under the influence, whether you're underage or not, it's a good idea to get in contact with a DUI attorney. A qualified DUI lawyer can let you know how the law applies to the facts of your case and help you decide on how best to handle your situation.

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You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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