Driving With Alcohol In The Body While Under Age 21

Interviewer: We have several different factors pertaining to DUIs; the first one is driving with alcohol in your body while under age 21. Do you work with a lot of clients that are under the 21?

Brian Sloan: I have quite a few under-21 clients, being close to Tempe, a college town. Many people experiment with alcohol, while living the college life. There are some who, under the age of 21, dabble in medications, drugs, or alcohol. These people then get behind the wheel of a vehicle and drive; some may be charged as an adult.

They aren’t adults. They are over the age of 18, however under Arizona law, an adult DUI is for someone who’s 21 years of age or older. They may be charged with what we as defense attorneys call a “baby DUI,” which is when someone under the age of 21 is driving with alcohol, drugs, or medications in their system that they should not have taken.

How Underage DUI Differs From Regular DUI

When someone under the age of 21 has alcohol in their system while driving, it is a strict liability offense. The person is not allowed to have any alcohol in their system. It’s not the normal legal limit that we’re familiar with, above a .08. It’s simply there can’t be any alcohol in your system.

With normal DUI charges, there are minimum requirements under Arizona law. This includes at least $1400 in fines and fees, a 90-day license suspension upon conviction, required alcohol counseling, and anywhere from one day to six months in jail.

However, underage DUI is under a separate area of the law. It is not under the vehicular law. It’s under the alcoholic beverages laws, which is called Title 4. The biggest downfall for being under the age of 21 while having alcohol in the body and driving is you lose your license for two years. It is in the judge’s discretion as to whether the person is allowed to drive to and from work and school after 90 days.

Interviewer: Could they face jail time, if under 21?

Brian Sloan: Technically, they can. For many people, their license is so important to them that they would prefer to handle a charge of driving under the age of 21 with alcohol in the body as a DUI, as if they are someone who is above the age of 21. Sometimes as a defense attorney we can negotiate that option. Although it does come with required jail time, fines and fees, and counseling, many would prefer to lose their license only for 90 days rather than two years.

By Brian Douglas Sloan

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Why Attorney Brian Douglas Sloan?
Phoenix DUI Lawyer

Why Attorney Brian Douglas Sloan?


18+ Years SOLELY Focused on DUI Defense


4,100+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

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4.9 / 5.0


“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career focused on DUI Defense representation, having personally defended more than 4,100+ DUI clients in the past 18+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, then I can comfortably say: "I’m not the one for you".

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive", or "will fight for you", are a dime a dozen. They use these phrases because that is what they think people want to hear. The truth of the matter is, being "aggressive" rarely gets the client anywhere in these court systems. Being "aggressive" isn’t the same as being good, and is often used to put on a show for a client to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the lawyers that claim to do DUI Defense... and Criminal Cases..., and Accident cases..., and Divorces. A Jack-of-all-Trades is a master of none. By handling all different sorts of cases, they take away from their ability to truly focus on DUIs, and keep up to date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense, at an exceptional price.

I am one of only a handful of Arizona DUI Lawyers that focuses solely on DUI Defense representation.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I produce DUI Legal Guides used by defense lawyers across Arizona.

I am one of the most award-winning DUI Defense Lawyers in Arizona; have been recognized nationally, including in a 2022 issue of USA Today; and there are only a few lawyers in Arizona who have personally defended more DUI cases than I have. I am also one of the most reasonably-priced DUI Lawyers, as I pride myself on charging a Flat Rate only for the legal services you need, and not for the legal services you don’t.

I am also the lawyer who people call once they realize that their original lawyer screwed something up, gave them false hope or false promises, or simply just took their money and didn’t do much on the case. You would be surprised at how often this happens.

Save yourself the trouble of hiring the wrong lawyer, and hire the right DUI Defense Lawyer from the start.

You can reach me on my personal cell phone: 480-720-7839.

Let me know if you have any questions!

Brian Douglas Sloan

DUI Attorney

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Email address:
2 N. Central Ave Suite 1929
Phoenix, AZ 85004