From recent high school graduates to college students, many underage drivers in Arizona are finding out that, while DUI consequences are certainly severe, it can be even worse if you receive an underage DUI.

If you have been charged with a DUI while under the age of 21, the following information is important for you to understand.

What are the Laws for Underage Drinking and Driving?  A.R.S. §4-244 (34) makes driving under the influence as a minor illegal. This underage DUI statute, which is titled “Minor Driving with Liquor in Body,”  is often called “Baby DUI” [insert link to statute] by police, prosecutors, and defense attorneys in Arizona.  

Many drivers facing a DUI charge in Arizona ask the same question: when are breath test results admissible as evidence against me? If you have been charged with a DUI, it is important to know the difference between the Portable Breath Test (PBT) and an Intoxilyzer:

Portable Breath Test (PBT).  This handheld device is often used by officer during the initial DUI investigation. However, because these tests are widely considered unreliable and inaccurate, the PBT test is not admissible to be used against you as evidence. Remember, you are not required to submit to a PBT test under any circumstances.  [internal link to pbt blog]

Intoxilyzer.  The second form of breath testing is through the Intoxilyzer 8000, which Arizona uses as its breath test device. However, unlike the PBT, the results from the Intoxilyzer 8000 can be admissible as evidence against you in court.

 If you have been pulled over on a suspicion of drinking and driving in Arizona, an officer may perform a blood draw on you to test for either alcohol or drugs. If your blood has been drawn, the officer will obtain two vials to test by the State’s crime lab. However, whether your blood was drawn or a sample of your breath was captured, you have a right to have your blood independently tested.

 Both the Constitution and Arizona Law discuss that a DUI suspect has the right to obtain an independent blood alcohol test. A driver must be allowed to counter the state’s scientific evidence of intoxication with the defendant’s own scientific evidence.

 There are many challenges to a blood draw. For example, blood contamination, improper storing, incorrect labeling, improper collection, and a break in the police’s chain of custody are all ways to show that the blood evidence against you may have been compromised.

 In Arizona, the police can impound your car up to 30 days in some DUI cases. This applies even if the owner of the car was not present when the driver was cited for the DUI. Arizona Revised Statute §28-3511 is the law that allows the police to take your car. The law allows the police to impound the car if the driver:

1.     Did not possess a valid driver license;

2.     Had a revoked, suspended or canceled driver license;

Arizona has harsh DUI penalties, even for first offenders. Arizona was also one of the first states to require a driver convicted of a DUI to install an ignition interlock device. If convicted with a DUI, a driver will be required to install and maintain an ignition interlock device at his or her own expense, in addition to paying fines and undergoing mandatory driving education and counseling. If you are facing a DUI charge, you should be aware of how Arizona’s ignition interlock devices may apply to you.

Determining Whether Interlocks Apply.  Ignition interlock devices only apply if the driver was convicted of an alcohol-related DUI, and do not apply if the driver was under the influence of another substance, such as marijuana or prescription drugs.

How the Device Works.  An interlock device requires a driver to blow into the device before the vehicle can start. If the device detects a prohibited level of alcohol, usually .02 or higher, the device registers a failure, and .the car will not start.