Phoenix Underage DUI Defense Lawyer (Zero Tolerance)

What Arizona’s Zero Tolerance Rule Really Means

Arizona’s zero-tolerance statute (A.R.S. § 4-244(34)) makes it illegal for anyone under 21 to drive or be in actual physical control of a motor vehicle with any detectable alcohol in their system—even 0.01% BAC. Unlike the 0.08% adult threshold, here any measurable alcohol counts.

Penalties include a criminal record, license suspension, fines, and sometimes ignition-interlock requirements. The law also applies if the vehicle isn’t moving but you’re in a position to drive.

“Actual Physical Control” — Lessons from Arizona’s Courts

State v. Love (1995) – The Arizona Supreme Court ruled that whether someone had “actual physical control” is judged by the totality of the circumstances, not just whether the engine was running. Factors include where the person was in the car, whether the keys were accessible, and if the situation posed a real danger.

State v. Zaragoza (2009) – The Court clarified jury instructions to make sure jurors focus on whether the defendant’s use of the vehicle posed a real danger to themselves or others at the time, not just whether they could drive.

What this means for you: You can be convicted even if you never hit the road. Prosecutors only need to prove you had the immediate ability and potential intent to drive while alcohol was in your system.

Hypothetical: The “Parked Car” Arrest

A 20-year-old decides to “sleep it off” in their car after drinking. They leave the ignition on to charge their phone. A passing officer smells alcohol, runs a portable breath test, and gets a 0.02% BAC.

Risk: Under zero tolerance, this is enough for a charge, and the MVD may impose a two-year suspension.

Defense: Show lack of intent to drive, argue minimal danger, and challenge BAC testing procedures.

How Phoenix Courts Handle Underage DUI

From defending numerous cases in Maricopa County, we know:

• Phoenix prosecutors rarely offer diversion in underage DUI cases without strong mitigating evidence.
• Phoenix Justice Courts handle MVD hearings seriously—refusal to test often makes negotiations harder.
• Judges in Phoenix sometimes require additional alcohol counseling even for first-time offenders.

Possible Penalties for Underage DUI

Zero Tolerance (A.R.S. § 4-244(34))

• Class 1 misdemeanor – up to 6 months jail (often suspended for first-time offenders)
• Up to 2-year license suspension
• Fines & surcharges up to $2,500
• Possible ignition-interlock for 2 years!

Standard DUI for Under-21 (A.R.S. § 28-1381)

• Minimum 10 days jail (some may be suspended)
• Around $1,250+ in fines and surcharges
• Alcohol education/treatment
• 90-day suspension + IID

Defense Tactics We Use at Arizona Justice Law Group

We focus on both the criminal case and the MVD administrative hearing:

1. Challenge the stop – Suppress evidence if there was no reasonable suspicion.
2. Attack BAC reliability – Breath machines must be properly calibrated, and blood draws must follow strict chain-of-custody rules.
3. Dispute “Actual Physical Control” – Argue the driver took reasonable steps to avoid driving.
4. Negotiate reduced charges – We’ve secured amendments to non-alcohol moving violations in low-BAC, no-accident cases.
5. Mitigation – Present academic records, employment, and counseling proof to show prosecutors why a harsh penalty isn’t necessary.

Hypothetical: The Party Stop

A 19-year-old is stopped for rolling through a stop sign after leaving a friend’s house. They blow a 0.05% BAC.

Charges: Prosecutors can file both zero-tolerance and standard DUI counts.

Possible defense: Question whether the breath test was admissible and whether the officer had sufficient training to operate it.

Case Spotlight:

In re Adam P.

(Arizona Court of Appeals, 2006)

A juvenile was found asleep in a running car after drinking. His BAC was 0.03%. The court upheld the delinquency finding because the youth was in actual physical control—the keys were in the ignition, and the car was in a location from which it could be driven.

Takeaway: Sleeping in the car after drinking is not a guaranteed defense, especially if the vehicle can easily be put in motion.

Case Spotlight:

State v. Zavala

(Arizona Court of Appeals, 2004)

The defendant was in a parked car with the engine off and keys in the glovebox after drinking. The court ruled he was not in actual physical control because the keys were not readily accessible and there was no evidence he intended to drive soon.

Takeaway: Intent matters. Steps taken to avoid driving can be critical in your defense.

Collateral Consequences You Might Not Expect

• Insurance rates can spike for years or policies may be canceled
• Scholarships or campus housing can be revoked
• Employment/licensing barriers in healthcare, aviation, and government jobs
• Travel restrictions – Some countries deny entry to people with DUI convictions

Why Fast Action is Critical

In Arizona, you must request an MVD hearing within 30 days of arrest to contest your license suspension. Miss that, and the suspension goes into effect automatically—even if you win in criminal court.

Our Commitment to Your Defense

At Arizona Justice Law Group, we:

• Protect your record by fighting both the criminal case and the MVD suspension
• Use local court knowledge to target the most persuasive defense strategies
• Prepare mitigation evidence early to negotiate favorable resolutions
• Give you a clear, step-by-step plan for the legal process

Arizona Justice Law Group

Founding Partner: Zalman Sapad

📞 (602) 730-1756 | Phoenix, AZ

Contact Arizona Justice Law