Under 21 DUI and Minor in Possession in Arizona

Arizona has some of the strictest DUI laws in the country, and those penalties are even tougher for drivers under the age of 21. Unlike adults 21 and older, minors can face criminal charges for having any detectable amount of alcohol in their system. This is often called Arizona’s “zero tolerance” law. If you or your child has been charged, it is important to understand what you are facing and what defense options may be available.

Zero Tolerance DUI Laws for Minors

Under A.R.S. § 28-1381, anyone under 21 can be charged with DUI if they drive with alcohol in their system—even if their blood alcohol concentration (BAC) is far below the standard 0.08% legal limit. Police officers often rely on breath tests, blood tests, or field sobriety tests to make these arrests.

Penalties for an Underage DUI in Arizona

A conviction for underage DUI carries serious and long-lasting consequences. Even though it is a misdemeanor, it can affect school, work, and future opportunities.

• Up to 6 months in jail
• Fines of up to $2,500 plus surcharges
• Driver’s license suspension for up to 2 years
• Mandatory community service and alcohol education programs
• Permanent criminal record that cannot be sealed until eligible under recent law changes

Minor in Possession of Alcohol (MIP)

In addition to DUI charges, anyone under 21 found with alcohol can also face “Minor in Possession” (MIP) charges. This can result from being caught holding alcohol, transporting it in a vehicle, or even being in the presence of alcohol with evidence of consumption. Penalties include fines, probation, community service, and a criminal record.

Defending an Under 21 DUI or MIP Charge

Not every case leads to a conviction. Defense strategies may include:

• Challenging the traffic stop or lack of probable cause
• Questioning the accuracy of breath or blood tests
• Arguing that the defendant was not actually in possession of alcohol
• Negotiating for reduced charges or diversion programs for first-time offenders

Each case depends on the facts. A strong defense can make the difference between long-term consequences and a chance to move forward.

Why Legal Representation Matters

Courts and prosecutors in Arizona take underage drinking and driving seriously. Attempting to navigate these charges alone can put your future at risk. An experienced Tucson DUI defense attorney can investigate the case, protect your rights, and seek the best possible outcome. Learn more about our approach to defending DUI charges here. 

Talk to an Arizona DUI Defense Attorney

If you or your child is facing an underage DUI or Minor in Possession charge, do not wait to get help. A conviction can affect school, work, and future opportunities. Contact our office today for a confidential consultation and start building your defense.