Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §4-244 (33) 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. It is irrelevant whether the person is impaired by alcohol to drive the vehicle (in other words, they can be completely sober, yet it is still a violation to have any alcohol on their breath while driving). However, many times these cases are charged in conjunction with a DUI , DWI, or Extreme DUI.
Click Here... If your case also involves a DUI, DWI, or Extreme DWI
The Underage Drink and Drive charge by itself does not require any jail time. However, a young person can still be sentenced by the Judge to jail from anywhere from zero (0) days up to six (6) months of incarceration. In addition, there can be a zero (0) dollar fine up to $2500.00 plus an 80% surcharge. Also, it is mandatory that the person's license be suspended for two (2) years. The Judge is allowed to order that the MVD 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. The heaviest consequence occurs when the vast majority of insurance companies refuse to insure a young person who is currently on a restricted driving permit during those two (2) years. If an insurance company will insure the young person, it will be at an incredibly high rate.
Remember, you always have the right to refuse Field Sobriety Tests (i.e., the "physical" tests). Do not believe the Officer if he tells you otherwise!
If the Horizontal Gaze Nystagmus (HGN) or "eye test" was given by an officer not yet certified to give that test, it will be inadmissible in court.
Note: if the only basis for arrest is refusing to perform FSTs, then the arrest will be invalidated.
"Denial of Right to Counsel" When arrested for DUI or DWI, upon requesting a lawyer, the police must get you to a phone as soon as it is reasonably possible. If they ignore your request, or wait too long, this could be grounds for dismissal. (See also THE RIGHT TO REMAIN SILENT-USE IT! Section).
"Inaccuracy of the Breath Testing Device" The AZ Department of Health Services (DHS) has set forth rules for the proper maintenance of breath testing devices. They must be calibrated to within a 10% accuracy range every thirty-one (31) days. In addition, the machine goes through a seven (7) test Standard Quality Assurance Procedure (SQAP) every ninety (90) days. If any of the maintenance checks are out of tolerance, then all breath tests given during the time interval between the two maintenance checks will be inadmissible. The prosecutor will not point this out for you.
"Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In Underage Drink and Drive, DUI and DWI cases, it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
1-888-8CANTOR 480-858-0808
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Tempe, Arizona 85282
Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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