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


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

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

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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 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".

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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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Phoenix, AZ 85004