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What Are The Laws For Underage DUI Or Baby DUI In Arizona?

A.R.S. §4-244 (34) defines “Underage Drink and Drive” as illegal if a person under the age of 21 years is found in actual physical control of a motor vehicle while under the influence of alcohol.

Arizona is a “zero tolerance” state when it comes to underage drinking and driving. This means that anyone driving a vehicle under the influence will be charged with DUI, regardless of the fact whether they were actually impaired by the alcohol or not.

Legal Drinking Age In Arizona

According to Arizona laws, the legal drinking age is 21 years. It is illegal for anyone to consume alcohol in Arizona if they are under the age of 21 years. However, there may be exceptions for medical or religious purposes.

Since underage drinking can cause alcohol-related auto accidents resulting in fatalities, there are stricter and harsher penalties in place for those who are under 21 years.

Underage DUI In Arizona

If a driver under the age of 21 years is stopped on suspicion of driving under the influence, their blood alcohol level will be checked. If it is anything above 0.00%, the driver can be cited for driving under the influence. This is referred to as the zero-tolerance law in Arizona.

Penalties For Underage DUI

A first time underage DUI conviction carries a minimum prison sentence of 24 hours, up to 10 days. There is also a $1,600 fine levied on the offender, along with license suspension of 90 – 360 days.

A second time underage DUI conviction within 7 years carries a minimum prison sentence of 30 days, up to 90 days. There is also a $2,500 fine levied on the offender, along with license suspension of 1 year.

Other Charges

An underage drunk driver in Arizona may also face additional charges apart from the Underage DUI charge. These charges include minor in possession, distribution of alcohol to other minors, soliciting alcohol, possession of false identification, child endangerment law violations, as well as moving and vehicle maintenance violations.

Some of these charges are defined under A.R.S. § 4-244(40), Minor In Possession – Under 21 with Alcohol in Body and A.R.S. § 4-244(33), Minor/Under 21 Driving with Alcohol in Body. A.R.S. § 4-244(33) is the more serious of the two offenses, also referred to as “Baby DUI”.

Effects On Insurance

Most insurance companies will terminate the policy if the driver is charged with underage DUI. However, some may renew it. There will also be a raise in the monthly premium by $100 to $200 or more, as the driver is now a high risk driver.

This raise in insurance premiums will usually stay there for 3 – 5 years. The driver will also be required to serve an SR-22 certificate to the DMV in order to reinstate their driver’s license after suspension. The form may be furnished by the insurance company to the DMV. The driver will have to check with their insurer if they provide that service.

Contact An Attorney

If you need to have an Underage DUI charge dismissed in Arizona, contact the law office of Attorney Brian D. Sloan at 480-900-0384 or 602-900-0384 for a Free Consultation.

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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 SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

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 it is a proven advertising phrase. 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, and Criminal Cases, and Accident Cases, and Divorces, etc. 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 DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

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

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and 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 well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

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