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What are the Penalties for Underage Drinking Offenses in Scottsdale, Arizona?

Everyone knows the legal drinking age is 21 —but not everyone follows it. Whether you’re the parent of someone underage, or a teen trying to hack the system, Arizona is not the place to experiment with alcohol. Compared to the rest of the country, Phoenix has some of the strictest repercussions for underage drinking, and anyone who violates these rules can face hefty punishments.

Whether you’re drinking, trying to purchase alcohol, or driving under the influence it’s important to learn exactly what penalties you might face as a minor. Sentences can include heavy fines, jail time, or a suspended driver’s license so it’s not worth the risk.

Entering a Place of Sale

It’s true that if you’re under 21 you can technically still enter a bar. That being said, you must be accompanied by a parent, legal guardian, or spouse who is over 21. In addition, even with their consent it is still illegal for a minor to consume or purchase alcohol —no matter where they are.

If you gain entry to a bar with a fake ID you can face serious consequences. Whether the ID is counterfeit or belongs to someone else makes no difference. Any minor attempting to use a fake ID is committing a class 1 misdemeanor and can face up to 6 months in jail as well as a $2,500 fine.

Asking someone to purchase alcohol for you if you’re underage is a class 3 misdemeanor. This can mean up to 30 days in a juvenile detention facility, $500 in fines, and a 180-day driver’s license suspension. Even if a minor just asks someone to sell or give them alcohol directly, they can face a class 3 misdemeanor and Minor in Possession charge.

Minor in Possession

If you do get ahold of alcohol you can be charged with a class 1 misdemeanor even before consuming it. Simply carrying a case of beer for a friend, or holding a drink at a party can mean getting a Minor in Possession charge that remains on your record for years to come. This can affect your acceptance rate at different colleges, and limit your career options in the future.

The standard punishments for this charge range in severity, but none are going to be a walk in the park. Without legal aid the misdemeanor will remain on your permanent record, trigger up to $4000 in fines, and could lead to up to 180 days in jail. Other consequences include license suspension, community service and restitution, required alcohol counseling, and up to 3 years of probation.

Minor in Consumption

Intoxication aside, under ARS 4-244(41) a minor can immediately face a MIC if they have consumed any alcohol. The only exceptions are if the alcohol was consumed for a religious or medical reason, but this evidence will need to be air-tight. A MIC is an immediate class 2 misdemeanor, but if paired with a MIC charge the defendant is sure to face a class 1 misdemeanor.

For the MIC alone, minors can face up to 120 days in jail. Then they must be wary of up to $1,000 in fines, the possibility of two years probation, and the suspension of their driver’s license. This may seem like a pretty severe punishment for a sip of wine, but with Arizona’s zero-tolerance policy a sip of alcohol is eligible for the same consequences as several drinks.

Underage DUI

Arizona has one of the strictest zero-tolerance policies for underage drinking and driving. Any motorist who blows even a .01 blood alcohol concentration can immediately be charged with a DUI. The level of impairment doesn’t matter, and if an officer suspects you’ve been drinking and you verbally confirm their suspicions you can be sentenced without an applicable BAC reading.

While the number of teenage drinking and driving has gone down by 54% since 1991, according to the CDC 1 in 10 teens still drinks and drives. These stats are part of why Arizona has continued to enforce such strong laws against underage drinking, which when compared with the punishable BAC level for adults (.08) seems even more strict.

If an officer pulls you over, they can require a sobriety field test of their choosing. This can range from a breath, blood, or urine test but must be administered within 2 hours of the traffic stop. If the driver refuses to take one of these tests they must surrender their driver’s license, which will then be suspended for a full year.

Once charged with an underage DUI, the defendant will immediately face a required 24 hours in police custody. This can extend to up to 10 days and will be accompanied by a $1,600 fine. The minor’s driving privileges will also be suspended for a minimum of 90 and a maximum of 360 days.

If this is the offender’s second underage DUI they will face more serious consequences. These include incarceration for 30 to 90 days, a $2,500 fine, and one year without a license. After their jail time is completed the defendant can also expect to face probation and a necessary driver education course.

Additional Punishments

If an offender faces a DUI, MIC, and MIP all at the same time they will certainly face an aggravated sentence. Furthermore, even if they are facing just one of these charges, as well as a case of child endangerment or routine traffic violation, they will have to face increased consequences.

In the worst cases, if death or serious injury is caused, the offender can expect to see extreme repercussions. Vehicular manslaughter is a serious felony that will require years in state prison if the offender is convicted. Even minors between the ages of 14-17 can be tried as adults in these situations.

If a minor is sentenced to a juvenile facility in any situation, their parents will be expected to foot the bill. In addition, if the offender was involved in a crime that caused property damage, personal injury, or death to another party their parents can be liable for up to $10,000 under Arizona law. This amount will vary depending on the damage done to the victim, who can sue for hospital and medical bills, loss of income, and emotional harm. Worse yet, if the offender’s parents contributed to their conduct by offering or supplying alcohol they can be considered criminally liable.

For those offenders who complete the terms of their punishment and attempt to reinstate their license, many find difficulty in securing auto insurance. Insurance companies often cancel underage drivers after they are convicted of a DUI. Those who don’t will increase their rates and offenders can expect to pay several hundred dollars more each month for 3 to 5 years after their conviction.

All in all, under Arizona’s zero-tolerance policies, it’s really not worth it for minors to experiment with alcohol. Those who wait until they turn 21 will be better off than those who try to skip ahead —especially with such high levels of teen death in the state linked to alcoholism. With offenders facing possible fines, jail time, and limitations on their future it’s impossible to imagine a party worth dying for.