Phoenix Underage DUI Attorney
If you live in Phoenix, Arizona, it is important to understand the DUI laws in the state as they are among the most severe in the United States. For those under the age of 21, Arizona is a “zero tolerance” state. This means if an underage individual is found to have consumed any amount of alcohol, he or she will face criminal charges, charged with Under Age 21 Drinking. It does not matter whether the underage driver is days away from his or her 21st birthday—the laws in AZ for underage drinking are both clear and strict.
If you or your child is facing underage DUI charges in Phoenix Arizona you need the strongest defense available. The experienced, respected lawyers of Ciccarelli Law Offices are the advocates you most need when you are facing underage DUI charges. Call Lee Ciccarelli and our stellar legal team in Phoenix today.
Why Choose Our Phoenix Arizona DUI Lawyers?
- The Ciccarelli Law Offices team has the necessary resources to fully investigate the charges against you.
- Not only will we deal with your criminal charges of Underage DUI, but we will also handle your driver’s license issues with the Motor Vehicle Department.
- At Ciccarelli Law Offices we bring a team of experienced lawyers to defend you against your Underage DUI charges. We never take such charges lightly, and always take steps to protect your future.
- Lee Ciccarelli leads a team with more than one hundred years of combined national criminal defense experience in state and federal courts.
- Our firm has hundreds of five-star reviews and our lawyers are recognized by our peers as Super Lawyers.
- We have a deep understanding of the implications and consequences of underage DUI charges and will work hard on your behalf to mitigate the repercussion
- Attorney Lee Ciccarelli is recognized by Super Lawyers and has received the Ten Best client satisfaction award by the American Institute of DUI/DWI Attorneys.
- Lee is also a member of the National College of DUI Defense.
- With more than 100 years of national experience, Ciccarelli Law Offices bring advocacy and deep knowledge of the law to every DUI case we take. We are dedicated to fighting for your rights, particularly when your future is on the line.
What Phoenix Arizona Law Governs Underage DUI?
In the state of Arizona, it is illegal for any person under the age of twenty-one (21) years to drive or be in actual physical control of a motor vehicle while there is any spirituous liquor in that person’s body, under A.R.S. §4-244(34). Even if you are absolutely not impaired, and more than able to drive, it is a violation under this AZ law to have any alcohol in your body if you are under the age of 21. In some cases, an Underage DUI could be charged along with a DUI, DWI, or Extreme DUI charges, depending on your BAC.
What are the Penalties Associated with Underage DUI in Phoenix Arizona?
If you are only charged with Underage DUI and this is your first offense it is unlikely you will receive jail time and will probably be sentenced to probation, however, the penalties listed below are all possibilities when you have been charged with Underage DUI:
- You will face a mandatory driver’s license suspension for two (2) years.
- The judge could require you to have an ignition interlock device installed on your vehicle which will cost you another $2,400 over a two-year period.
- You could be sentenced to time in jail, for a period of up to six (6) months.
- A conviction could result in fines as large as $2,500, along with an 84 percent surcharge.
- You may be sentenced to court-ordered alcohol classes for a period of two years.
These are the potential criminal penalties, however, you could also face difficulty in obtaining automobile insurance during the two years you are driving on a restricted driver’s license (should the judge allow a restricted driving permit that allows you to drive to and from school, work, and court-ordered alcohol classes). If you are able to obtain auto insurance, it is likely the monthly premiums will be extremely high—sometimes prohibitively so. As you can see, the penalties associated with an Underage DUI conviction are severe, requiring a strong legal advocate to minimize the potential damage to your future.
What are Some Defenses for Underage DUI in Phoenix?
Of course, the defense(s) used by your DUI attorney in response to your Underage DUI charges will depend on the circumstances surrounding your arrest. Below are some of the most commonly used DUI defenses associated with Underage DUI:
- There was no probable cause for the initial traffic stop. That is, you committed no traffic infraction that would have given the officer reason to pull you over. The officer must have had sufficient suspicion of wrongdoing that was not based on a pretext or discrimination.
- The field sobriety tests are unreliable. It is important to note that engaging in field sobriety tests is not mandatory. If you do agree to field sobriety tests, there are many different issues that can render the results of the field sobriety tests invalid. These include wearing high heels, an injury to the ankles, hips, back, or knees, being significantly overweight, having a medical issue that affects balance, taking certain prescription medications, and more.
- Lack of actual physical control of the vehicle. In the state of Arizona, the law requires that the driver was in actual physical control of the vehicle. This means if you were pulled over and sleeping in the back seat, you cannot be convicted of those charges. Even if you were not in actual physical control of the vehicle, you would not be exempted from other underage drinking charges that might apply.
- Your Miranda Rights were violated. If the officer failed to read you your rights or coerced or tricked you into making a confession or statement, those statements can be suppressed, along with any evidence gathered against you as a direct result of those statements.
- The Breathalyzer was inaccurate. There are certain standards required by the Arizona Department of Health Services regarding the maintenance of breath testing equipment. The devices must go through a “seven-test procedure” every 90 days and must be calibrated every 31 days.
- The police report was inaccurate or misleading.
- The police are also required to allow you to contact an attorney as quickly as possible after you ask to do so.
How the Phoenix AZ Legal Team at Ciccarelli Law Offices Can Help with Your Underage DUI Charges
At Ciccarelli Law Offices, our Phoenix DUI Defense lawyers understand that parents want to protect their teens from ruining their future. A serious DUI conviction can adversely affect them for years to come. That’s why we work tirelessly for their rights at every turn.
Your family deserves experienced and compassionate legal support after a DUI arrest. Let Attorneys Lee Ciccarelli and his team help you when you need them most. We have extensive experience handling complex DUI cases in Phoenix and throughout the state of Arizona.