For many Arizona State University students, the line between campus police and Tempe police can feel invisible until flashing lights appear in the rearview mirror, especially when city police differ in tactics for alcohol-related incidents. Whether you were stopped on Mill Avenue or near the ASU campus, the person who arrests you can have a significant impact on what happens next.
Both the Tempe Police Department (Tempe PD) and the ASU Police Department (ASUPD) have the authority to investigate and arrest for DUI, but their jurisdictions, procedures, and reporting practices differ. These differences can determine where your case is filed, which prosecutor handles it, and whether you face penalties under Arizona DUI laws or additional university discipline.
This article explains how jurisdiction between Tempe and ASU police affects DUI arrests, what penalties apply to first-time offenders, and how an experienced criminal defense attorney like Arja Shah can protect your academic and legal future.
Table of Contents
- How Tempe and ASU Police Handle DUI Arrests Differently
- Where Your DUI Case Is Filed: Jurisdiction and Court Process
- Consequences of a DUI Conviction for ASU Students
- Zero Tolerance and Underage Drinking and Driving Laws
- Common Defenses Used by a DUI Defense Attorney
- FAQs About ASU and Tempe DUI Arrests
- Important Things to Remember
- How a Phoenix Criminal Defense Attorney from Shah Law Firm Can Help
How Tempe and ASU Police Handle DUI Arrests Differently
A DUI arrest near Arizona State University could involve either the ASU Police Department or the Tempe Police Department, depending on where the stop occurs.
ASU Police (ASUPD) patrol the university campus and certain surrounding areas under the jurisdiction of the Arizona Board of Regents. Their focus is on student safety and campus policy enforcement. In contrast, Tempe Police handle DUI enforcement throughout the city, including popular nightlife zones such as Mill Avenue, where alcohol-related arrests are common.
When Tempe police and ASU officers both patrol overlapping zones, the deciding factor often comes down to who initiated the stop or who first observed the violation. For example:
- If an ASU student is stopped for suspected drunk driving on University Drive within ASU property lines, ASUPD typically takes the lead.
- If the same stop occurs on Mill Avenue, just a few blocks west of campus, Tempe PD will handle the DUI charge and forward it to the Tempe City Prosecutor.
These jurisdictional differences may seem minor, but they can influence how your case is handled, what court hears it, and whether university administrators, like the Dean of Students, become involved in a criminal charge in Arizona.
Where Your DUI Case Is Filed: Jurisdiction and Court Process
After a DUI arrest, the officer determines which court will have jurisdiction.
- ASU Police Arrests – Cases typically go to Tempe Municipal Court since ASUPD partners with Tempe prosecutors for most misdemeanors. However, ASUPD may also refer the incident to the ASU Office of Student Rights and Responsibilities, leading to separate campus discipline under university policy.
- Tempe Police Arrests – These DUIs are filed directly with the Tempe Municipal Court, where you’ll appear for an arraignment, pretrial conference, and possibly trial.
Even though both types of arrests often end up in the same courtroom, the reports, evidence handling, and chain of command differ, particularly in cases involving DUI in Arizona. ASU officers sometimes focus more on educational referrals or first-offense diversion programs, while Tempe PD follows strict city protocols, especially for underage drinking and blood alcohol testing.
If your arrest occurs on the border between jurisdictions—such as near Apache Boulevard or Rural Road—a defense lawyer may challenge the jurisdiction if the police authority wasn’t clearly established.
Consequences of a DUI Conviction for ASU Students
A first-time DUI conviction in Arizona carries severe penalties, even if you are an ASU student with no prior record, as outlined by Arizona law. Under ARS 28-1381, driving under the influence is typically a misdemeanor, but it still leads to mandatory jail time, fines, and license suspension.
Standard DUI (BAC .08 – .149%)
- Minimum 10 days in jail (9 may be suspended with alcohol treatment)
- $1,250 fine
- Driver’s license suspension for 90 days
- Ignition interlock requirement for one year
Extreme DUI (BAC .150 – .199%)
- 30 days in jail, minimum 9 served
- Fines and fees over $2,500
- 12-month interlock device installation
Aggravated DUI (ARS 28-1383)
- Felony charge with up to two years in prison
- Common for driving on a suspended license or with a minor in the car
In addition to court penalties, ASU students may face academic discipline. You could be reported to the Dean of Students, required to complete alcohol education, or even risk suspension or expulsion if your conduct violates the Student Code of Conduct.
Example:
An ASU junior arrested by Tempe PD after leaving Mill Avenue may face city court charges and a university review. Another student stopped by ASU Police on campus could face only school sanctions if the BAC is below .08 but still violates campus policy.
DUI Penalties Comparison Table
| Type of DUI (ARS) | Blood Alcohol Content (BAC) | Penalties | Possible Jail Time | License Suspension |
| Standard DUI (ARS 28-1381) | 0.08 – 0.149% | Minimum $1,250 fine, alcohol screening, ignition interlock | 10 days (9 may be suspended) | 90 days |
| Extreme DUI (ARS 28-1382) | 0.150 – 0.199% | Minimum $2,500 fine, alcohol education, ignition interlock | 30 days (9 minimum) | 90 days |
| Aggravated DUI (ARS 28-1383) | Any BAC with aggravating factors | Felony charge, community service, mandatory interlock | Up to 2 years in prison | 1 year |
| Underage DUI (“Baby DUI”, ARS 4-244.34) | Any measurable alcohol | Fines, 2-year license suspension, possible expulsion | Varies by case | 2 years |
Zero Tolerance and Underage Drinking and Driving Laws
In Arizona, drivers under 21 are subject to a zero-tolerance policy under ARS 4-244(34). That means any detectable amount of alcohol in your system, even below .08, can result in a “Baby DUI.”
While this offense is usually a misdemeanor, it can still lead to a two-year license suspension, probation, and a permanent criminal record.
For an ASU student under 21, a zero-tolerance arrest often involves additional school penalties, such as required counseling or disciplinary probation. The Dean of Students may also contact parents if the violation occurs in university housing or at a school-sponsored event.
Suppose you were arrested for a DUI near ASU. In that case, your criminal defense lawyer can challenge the results of the blood alcohol test, argue a lack of probable cause, or negotiate for reduced charges, such as reckless driving.
Zero Tolerance and Underage Drinking and Driving Laws
In Arizona, drivers under 21 are subject to a zero-tolerance policy under ARS 4-244(34). That means any detectable amount of alcohol in your system, even below .08, can result in a “Baby DUI.”
While this offense is usually a misdemeanor, it can still lead to a two-year license suspension, probation, and a permanent criminal record.
For an ASU student under 21, a zero-tolerance arrest often involves additional school penalties, such as required counseling or disciplinary probation. The Dean of Students may also contact parents if the violation occurs in university housing or at a school-sponsored event.
Suppose you were arrested for a DUI near ASU. In that case, your criminal defense lawyer can challenge the results of the blood alcohol test, argue a lack of probable cause, or negotiate for reduced charges, such as reckless driving.
Common Defenses Used by a DUI Defense Attorney
Every DUI case is different, but several proven defense strategies can make a significant difference:
- Unlawful Traffic Stop – If police lacked reasonable suspicion to stop your vehicle, evidence may be suppressed.
- Improper Field Sobriety Testing – Officers sometimes fail to follow proper procedures for balance or coordination tests.
- Faulty Breathalyzer Calibration – Breath machines require routine maintenance; errors can lead to inaccurate results.
- Rising Blood Alcohol Defense – Your BAC might have increased after you stopped driving, meaning you were below .08 at the time.
- Chain of Custody Errors – If blood or urine samples were mishandled, the evidence may be thrown out.
An experienced defense attorney like Arja Shah has over 20 years of experience handling DUI arrests throughout Arizona, including cases involving Tempe and Scottsdale police. Her DUI defense team understands how campus and city police differ in their tactics for alcohol-related law enforcement, which often becomes key when challenging the validity of a stop or arrest.
FAQs About ASU and Tempe DUI Arrests
Can I be arrested by both ASU and Tempe police?
No, only one department will handle the arrest. However, evidence may be shared between agencies if the stop occurs near campus boundaries.
Will ASU find out about my DUI arrest?
Yes, typically. ASU Police or Tempe PD often notify the Dean of Students, and disciplinary actions may follow under university policy.
What happens if I’m under 21?
Under ARS 4-244.34, any alcohol in your system can result in an underage DUI, even if you’re not impaired. This leads to license suspension and possible expulsion.
Is a first DUI considered a felony?
Most first-offense DUIs are misdemeanors, unless you had a child in the vehicle, caused injury, or had a suspended license. Those may be charged as aggravated DUIs under ARS 28-1383.
Do I need an attorney for a first offense?
Yes. Even a misdemeanor DUI can impact your license, academic future, and career. Hiring a criminal defense attorney gives you the best chance to avoid harsh penalties.
Important Things to Remember
- Both ASU Police and Tempe PD can make DUI arrests near campus.
- The Tempe Municipal Court handles most DUI cases from either department.
- Underage drivers face zero tolerance under ARS 4-244.34.
- A DUI conviction can lead to jail time, fines, and school discipline.
- Always contact a DUI defense team immediately after being arrested.
How a Phoenix Criminal Defense Attorney from Shah Law Firm Can Help
If you are an ASU student or Tempe resident facing DUI charges, the steps you take immediately after an arrest can significantly affect the outcome of your case. Attorney Arja Shah has nearly 20 years of experience defending individuals accused of DUI, underage drinking violations, and other criminal offenses across Arizona.
With more than 3,000 successful case results, Arja Shah and her team understand how both Tempe Police and ASU Police build DUI cases—and, more importantly, how to challenge them. Her firm routinely works with investigators, analyzes body-camera footage, reviews breath and blood testing procedures, and identifies errors in traffic stops or field sobriety testing. This strategic approach often results in reduced penalties, dismissed charges, or alternative resolutions that protect a student’s academic future.
Shah Law Firm treats every client with compassion and respect. Arja understands that one mistake—or a misunderstanding during a traffic stop—should not derail your education, scholarship eligibility, or long-term career goals. Whether your case involves a first-offense DUI on Mill Avenue, an ASU campus arrest, a “Baby DUI,” or allegations related to underage drinking, her team is committed to protecting your rights, your record, and your future.
If you were arrested for DUI near ASU or Tempe, you don’t have to face the criminal justice system alone. Contact The Shah Law Firm today for a free, confidential consultation at (602) 560-7408, or visit https://arjashahlaw.com to schedule a case review with Attorney Arja Shah.
