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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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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ 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

Superb 10/10

4.9 / 5.0


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“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 Arizona DUI Defense representation, having personally defended over 4,200+ DUI clients in the past 19+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, 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 they think people want to hear them. Being "aggressive" isn’t the same as being good and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

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

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

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

I am one of Arizona's most award-winning DUI Defense Lawyers, recognized nationally, including in a 2022 issue of USA Today.

There are no other private DUI Defense Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a flat rate for my legal services without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being the preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and documented best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

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

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Brian Douglas Sloan

DUI Attorney

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