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Penalties For Underage DUI

Interviewer: As far as penalties go, and for being on their record, is it the same as an adult DUI? Will it be on the record forever?

Brian Sloan: It will be on the record forever. If they were to get another DUI within the next 7 years, the driving under the age of 21 with alcohol in the body would not be considered a prior DUI offense. If convicted for being under the age of 21 with alcohol in the body while driving, it is not going to be used as a prior DUI to get someone a harsher penalty if they were to get charged with a DUI in the future.

What Happens to People Between the Ages of 18 & 21?

Interviewer: Is there any significant difference if they were in between the age of 18 and 21, as opposed to under 18, when it pertains to driving under the age of 21 with alcohol in the body?

Brian Sloan: With 18 year olds and under there can be a difference. I’ve seen a few of those cases. When someone is 18, 19, or 20 years old, their license does get suspended for 2 years upon conviction. It is possible to negotiate a plea agreement where a person pleads guilty to an over-the-age-of-21 DUI. In doing so, their license is suspended for only 90 days, not two years.

When someone under the age of 18 is charged with driving with alcohol in the body and being under the age of 21, even if we are able to negotiate a plea agreement to a first-time DUI, the Motor Vehicle Division will pay attention to the person’s age. They will suspend the license for 2 years, regardless of what is actually pled guilty to.

If someone is 18, 19, or 20 years old, the Motor Vehicle Division doesn’t really pay attention that they are under 21. If someone is under the age of 18, then they are paying close attention.

Interviewer: Brian, what would you say are some of the common misconceptions that clients under the age of 21 have in regards to DUIs?

Brian Sloan: They think it’s not a big deal. They’re an adult in the eyes of the law. They’re over the age of 18. They can vote; they can smoke. Why shouldn’t they be allowed to drink alcohol? Most people are shocked that they could lose their license for 2 years. It’s the standing of our law. It really doesn’t make sense in the general scheme of things that you can vote, you can smoke, you can serve your country, but you’re not allowed to consume alcohol. The license issue seems to be the most surprising and shocking to people.

Interviewer: With people under 21, do you end up dealing with the client’s parents?

Brian Sloan: Usually the parents are involved. Sometimes people are trying to hide things from their parents. Involved parents are a good sign. I normally recommend counseling, if someone is under the age of 21, with alcohol in their body. It doesn’t make them bad people, and I believe it needs to be a family decision.

I don’t mean to intrude on family decisions. However, if someone is at the point where they’re under the age of 21, they have alcohol, or drugs, or medications in their system, and they’re facing charges, they are part of the judicial system, then I think there needs to be a family discussion about getting that person into counseling. This benefits them personally, in the court system and I think it can benefit them in the eyes of the prosecutor.

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


brian sloan on the cover of attorney at law magazine

“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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