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Understanding Underage "Baby" DUI Charges

Arizona has a special "Baby DUI" for underage drivers who consume alcohol or drugs prior to driving. A.R.S. 4-244(34) defines "Baby DUI". Indeed, the difference between an underage driver DUI and an adult driver DUI comes down to proof requirements. In an adult DUI, the State must prove either impairment or a certain alcohol (.08% or greater) or drug blood level. On the contrary, an underage DUI does not require proof of either. Rather, the State must merely prove a driver under 21 consumed a sip of alcohol. The reason for this is obvious.

In Arizona, it is illegal for a person under age 21 to consume or possess alcohol. So driving with any amount of alcohol (or drugs) will result in a "Baby DUI" conviction. Simply put, the legal limit for blood alcohol concentration (BAC) for drivers under 21 in Arizona is 0.00%. This means that any detectable amount of alcohol in the system of a person under 21 who is operating a motor vehicle can result in an underage DUI charge. Arizona prosecutes all DUI cases severely. This includes "Baby DUI's". Any person charged with this offense should expect significant consequences. Which is why it is important to have experienced and seasoned representation.

The penalties for "Baby DUI" differ somewhat from adult DUI's. Indeed, the biggest difference is a Baby DUI does not require mandatory minimum jail time. All adult DUIs in Arizona require at least one-day mandatory jail. But a first-time Baby DUI offender is eligible to serve no jail. However, a Baby DUI will call for other potential consequences including:
(1) Alcohol or Drug Counseling
(2) Mandatory 2-Year Driver's License Suspension--(Judicial Discretion whether to grant temporary-restricted license)
(3) Up to 6 Months in Jail as a term of probation
(4) Up to 5 Years Probation
(5) Community Restitution (a.k.a. Community Work Service)
(6) Mandatory Ignition Interlock Device Requirement for 2 Years

These are harsh potential consequences. And these are just first offense numbers. All DUI prosecutions obviously become harsher with prior DUI convictions. Second offenses within 84 months carry the similar consequences only lengthier and harsher. Also, a third offense DUI is a felony (as a third or more offense within 84 months).

The State can also charge an underage driver with misdemeanor or felony DUI in Arizona. The State may charge misdemeanor DUI under either A.R.S. 28-1381 or 28-1382. Moreover, felony aggravated DUI charges under A.R.S. 28-1383 are potential. Beyond this, other misdemeanor offenses potentially follow for underage drivers. This includes underage consumption of alcohol and/or minor in possession of alcohol, depending on the facts.

Indeed, both misdemeanor and felony Aggravated DUI prosecutions are realistic after a "Baby DUI" conviction. Convictions for either may carry significant consequences, as briefly discussed above. In addition to the financial and liberty issues, drivers convicted of Aggravated DUI face license revocations. However, a Baby DUI conviction carries a lengthy driver's license suspension.

Under A.R.S. 28-3322(A), any driver between aged 18, 19 or 20 convicted of "Baby DUI" shall face a 2-year license suspension. This is harsh, in light of the above discussion. Luckily, A.R.S. 28-3322(B) allows the Court to grant a temporary-restricted license. A temporary-restricted license allows a person drive to work, school and other responsibilities. However, a temporary-restricted license is not a guarantee as it is within the Court's discretion. However, most Courts want to encourage a person to remain employed or better themselves through education. As such, most courts will grant temporary-restricted licenses, unless the driver has demonstrated a lack of responsibility. An example of a driver demonstrating a lack of responsibility includes a person consistently ignoring driving restrictions, or a person who continues to drive on a restricted license. This would also include a person not following court orders after the DUI conviction.

In this video, Tempe Arizona's Best DUI & Criminal Defense Attorney Jeremy L. Huss of Huss Law, PLLC discusses Underage Baby DUIs in Arizona.
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Understanding Underage "Baby" DUI Charges
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