If you are under the age of 21 and stopped near ASU, the rules you face are different from those for adults. Arizona has a zero-tolerance position for drivers under 21, so any detectable amount of alcohol in an underage driver’s system can lead to an underage DUI allegation, sometimes called a “baby DUI.”
A stop near campus may involve ASU Police or Tempe Police, and the process can move fast. You may receive both a court date and separate Motor Vehicle Division paperwork.
For many students, the most challenging part is determining what matters in the first few days.
We will outline what to expect at Tempe Municipal Court, how to protect your driver’s license, and what deadlines are important at the MVD.
With nearly 20 years of experience and over 3,000 case results, attorney Arja Shah and the Shah Law Firm team explain DUI law, penalty ranges, and DUI defense tactics that help students and young drivers.
- Understanding Arizona’s Zero Tolerance Underage DUI Law
- What To Expect After an ASU or Tempe Police Stop
- Penalties and License Suspension for a First Offense Under 21 DUI
- Defense Tactics Used to Help Reduce or Dismiss Charges
- FAQs About Underage Drinking and Driving Near ASU
- Important Things to Remember
- How a Defense Attorney from Shah Law Firm Can Help
Understanding Arizona’s Zero Tolerance Underage DUI Law
If you are under twenty-one years of age and police can show alcohol in your system, the State can file a criminal charge even if your BAC is below 0.08.
How does this differ from a regular DUI? Arizona’s general DUI statute, A.R.S. § 28-1381, covers driving under the influence of alcohol or drugs, either because you are impaired to the slightest degree or because your blood alcohol concentration is 0.08 or higher within two hours of driving.
A student can be charged with the zero-tolerance count, a regular DUI, or both, depending on the facts.
Underage cases feel tougher because of the zero-tolerance law; the State does not have to prove you were drunk.
It only needs to show a detectable amount of alcohol and actual driving or actual physical control.
This is why factual defenses are vital, including how the stop began, whether field tests were fairly administered, and whether chemical testing followed the rules. When it comes to underage cases, small details often decide outcomes.
ASU and Tempe officers patrol Mill Avenue, the University and Rural corridor, Rio Salado Parkway, and Tempe Town Lake paths that feed into nearby roads. They also work traffic near football games, concerts at Tempe Beach Park, and event traffic in and out of parking structures. Knowing where and how stops occur helps shape the defense.
What To Expect After an ASU or Tempe Police Stop
Most student stops begin with concerns about lane position, a wide turn, a headlight or taillight issue, or a cell phone distraction.
After contact, officers may ask about drinking, look for indicators, and request field sobriety tests. Portable breath devices in the field serve as screening tools, while evidentiary breath or blood testing typically occurs later, usually at a station or a mobile DUI van.
Under A.R.S. § 28-1321, by driving in Arizona, you give implied consent to a breath, blood, or urine test when lawfully arrested for DUI.
If you refuse, MVD imposes a license suspension of twelve months on a first refusal and two years on a second refusal within eighty-four months. That is an administrative penalty that can be applied even if your court case is later resolved in your favor.
If a test result or refusal triggers action, officers often serve an admin per se or implied consent form on the spot. Under A.R.S. § 28-1385, an administrative suspension begins 30 days from the date of notice unless you request a hearing or summary review within that same 30-day window. This deadline is strict, and it is separate from the court case.
Most student misdemeanors from Tempe or ASU Police land in Tempe Municipal Court. Your citation will list the court, date, and time for arraignment. If DPS or Phoenix PD made the stop across jurisdictional lines, the case may appear in a court in another city or justice court. Always verify your paperwork.
Two tracks often run at once: the DUI offense in court and the MVD process. Early choices influence both. A fast records request can lock down body cam footage, dispatch logs, calibration and maintenance records, and tow and storage documents, all of which can shift the leverage in plea talks or a hearing.
Penalties and License Suspension for a First Offense Under 21 DUI
A violation of A.R.S. § 4-244(34) is punished under A.R.S.§ 4-246, which outlines the DUI penalties in the state of Arizona as a class 1 misdemeanor.
The court can impose up to six months in jail, up to 2,500 dollars in fines plus surcharges, and probation.
There is no mandatory minimum jail term specified in the zero-tolerance statute itself, which gives defense teams more room to negotiate favorable terms for students.
Mandatory MVD consequences for a DUI conviction at ages 18 to 20 can include a two-year license suspension. If you are convicted of an underage DUI under paragraph 34 and you are between eighteen and twenty, the penalties for underage DUI can be severe.
A.R.S. § 28-3322 requires a two-year driver’s license suspension for those convicted of an underage DUI charge.
A judge may allow restricted privileges for school, work, or treatment. If the court issues that order, MVD will require an ignition interlock restricted license for the period of restriction. This is a significant penalty driver for young clients, and it is separate from fines or classes.
Suppose the State alleges impairment or a qualifying BAC. In that case, prosecutors can file A.R.S. § 28-1381 for standard DUI, A.R.S. § 28-1382 for extreme DUI at 0.15 or higher, or A.R.S. § 28-1383 for aggravated DUI when felony triggers apply, such as driving on a suspended license or having multiple prior DUIs.
These bring harsher penalties, including mandatory jail time, larger fines, and longer interlock periods.
Admin per se versus court is a common topic discussed by Arizona DUI defense lawyers.
The administrative license suspension from A.R.S. § 28-1385 runs on a separate track from the courtroom result of a DUI charge in Arizona.
You can win one and lose the other.
Preserving your MVD hearing rights, completing screening when ordered, and understanding when restricted privileges are available can help reduce disruptions to school and work.
Defense Tactics Used to Help Reduce or Dismiss Charges
1) No legal basis for the stop. Many ASU area encounters begin with concerns about lane position or equipment, often leading to DUI arrests. If the video shows everyday driving and the basis does not hold, everything that follows regarding the DUI charge in Arizona can be suppressed. Without the stop, the State loses its testing evidence.
2) Actual physical control disputes. A student sitting in a parked car to wait for a rideshare can still face a DUI charge, but the details matter. Where were the keys, was the car off the roadway, and was the seat reclined. If the State cannot prove actual physical control under Arizona law, the zero-tolerance count becomes fragile.
3) Device accuracy and record audits. For breath tests, we subpoena maintenance, calibration, and operator certifications. For blood, we review the chain of custody, preservatives, storage temperature, and lab methods that can inflate the amount of alcohol. Any gap can create doubt about measurement reliability, which often leads to better negotiations.
4) Implied consent advisement and timing. Officers must deliver correct implied consent warnings. If the language was incorrect or coercive, or if a language barrier was ignored, we challenge the administrative license suspension and request that the court suppress the statements or results.
5) Field sobriety testing conditions. Heat, footwear, and uneven brick or sidewalk surfaces near Mill Avenue and Tempe Town Lake can affect balance and attention. Body cam often shows unclear instructions. Poor roadside performance without clear instructions is not proof of the influence of alcohol.
6) Two-hour rule and the drinking timeline. Standard DUI counts under 28-1381 require proof that the BAC was 0.08 or more within two hours of driving, or that you were impaired during driving. Food, last drink timing, and post-stop absorption can shift the number. This sometimes reduces a standard count to the zero-tolerance count, which can minimize penalty exposure.
7) School and work impact advocacy. Even when liability exists, a defense lawyer can pursue outcomes that protect scholarships, internships, and professional paths. In some cases, we seek diversion like resolutions or reductions that protect driving privileges under A.R.S. § 28-3322.
8) Early mitigation. Documented counseling, community service, and strong character letters can help demonstrate maturity and remorse, which may influence the sentencing range, particularly at the Tempe Municipal Court for a first offense.
FAQs About Underage Drinking and Driving Near ASU
1) I blew below 0.08. Can I still face criminal charges in Arizona?
Yes. Under A.R.S. § 4-244(34), underage drinking and driving can be charged if there is any alcohol in your system, even without proof of impairment, leading to severe penalties for underage drivers.
2) What happens if I refuse a breath or blood test?
Under A.R.S. § 28-1321, a refusal triggers an administrative license suspension of twelve months on the first refusal and two years on a second within eighty-four months. This is separate from the court case.
3) How long do I have to request an MVD hearing after an admin per se notice?
Under A.R.S. § 28-1385, you usually have 30 days from service of the notice to request a hearing or summary review. Missing the deadline can make the penalties in Arizona much harder to reverse.
4) Will a zero-tolerance underage DUI automatically require jail time?
The zero-tolerance statute itself does not set a mandatory minimum jail term, although outcomes vary depending on the facts and the court. Strong advocacy can keep penalties low.
5) If I am charged with DUI plus zero tolerance, can both stick?
Yes, the State can file both counts. A strong experienced DUI defense team works to reduce or dismiss the standard count, then improve terms on the remaining charge.
6) Do I need a DUI defense lawyer if this is my first offense and the number was low?
Yes. Even a low number can cause a two-year MVD hit at ages 18 to 20 if a conviction enters, leading to severe DUI penalties. A defense attorney helps protect your license and future opportunities.
7) Can an aggravated DUI or aggravated DUI charge apply to an underage case?
Felony triggers, such as driving while suspended or multiple prior convictions, can elevate a case under A.R.S., especially for those facing a DUI conviction. § 28-1383. Young drivers rarely fit this pattern, but it can happen.
8) Do Arizona DUI laws allow restricted travel to school or work after a conviction under 4-244(34)?
If the court orders it, A.R.S. § 28-3322 allows restricted privileges between home, school, work, or treatment, typically with an ignition interlock device.
9) What do officers and courts call underage DUI in Arizona?
You will sometimes hear it called Arizona underage DUI, a zero-tolerance case, or a 21 DUI, and in slang a “baby DUI.”
10) What part of the Arizona Revised Statutes should I read first if I want the text of the law?
Start with A.R.S. § 4-244(34) for the prohibition and A.R.S. § 4-246 for classification, then A.R.S. § 28-3322, 28-1381, 28-1382, 28-1383, and 28-1385 for license and DUI tiers.
Important Things to Remember
- Arizona has a zero-tolerance policy for drivers under 21, and it has a zero-tolerance policy that allows charges for any measurable amount of alcohol.
- A conviction of an underage DUI finding at ages 18 to 20 triggers a two-year MVD suspension under A.R.S. § 28-3322, with possible restricted privileges.
- The MVD admin, per se, the clock often starts right after the stop, and you usually have 30 days to request a hearing.
- Standard Arizona’s DUI laws can still apply if there is impairment or a qualifying BAC, which can mean severe penalties compared to zero tolerance only for underage drivers.
- Local practice at Tempe Municipal Court rewards early preparation, complete records requests, and innovative mitigation for students and young workers.
How a Defense Attorney from Shah Law Firm Can Help
Shah Law Firm appears regularly in Tempe and nearby courts. We understand how ASU Police and Tempe Police build these cases, including event-related enforcement near Mill Avenue, Tempe Town Lake, and stadium traffic related to drunk driving. This local knowledge helps us spot weaknesses quickly and gather the records that change negotiations.
We know how facing DUI charges can affect scholarships, internships, and licensure. Arja Shah utilizes both trial skills and negotiation strengths to steer cases away from outcomes that could derail a degree or a new career. When appropriate, we pursue resolutions that protect immigration status, professional goals, and housing.
We rush body cam requests, lab documentation, and calibration records, then attack the legal basis for the stop, the timing of the two-hour window, and the testing protocol. When the State’s proof is thin, we push for dismissals or reductions. When risk remains, we work to preserve access to school and work, and to narrow the penalties associated with a DUI.
If you were arrested for a DUI near ASU or you were charged with underage DUI, call our law office for a free consultation. Speak directly with a DUI attorney about Tempe’s laws and penalties and your options today. To schedule a free consultation, call (602) 560-7408 or visit arjashahlaw.com. Don’t wait—your future is worth protecting today.
