Minor Driving with Alcohol Losing Your Freedom Is Not an Option

Tucson Underage DUI Attorney

Challenging Arizona’s Zero Tolerance Laws

Zero tolerance laws can place minors and young adults in unjust and difficult circumstances. College freshmen typically have friends just a year or two older, who are permitted to enjoy a glass of wine with dinner or a post-study beer break. The older students face no consequences if they drive after responsibly drinking. However, if you are under the age of 21, you face harsh penalties for engaging in a normal college activity.

We have substantial training in the complex issues surrounding DUI defense. In particular, we have studied extensively and taught courses in field sobriety tests, blood alcohol tests and Intoxilyzer tests and have successfully challenged the reliability and accuracy of the methods used to determine blood and breath alcohol content (BAC).

Zero Tolerance Laws in Arizona

Arizona has adopted a “zero tolerance” approach that allows minors to be arrested if they are found to have any alcohol in their system. A minor driving with an alcohol concentration less than .08 in their system can be charged with a “Baby DUI." In contrast, an adult must have an alcohol concentration of .08 before the driver’s alcohol concentration is illegal.

The National Highway System Designation Act of 1995 required states to adopt a zero tolerance policy for minors. Failure to agree to this harsh policy would have cost Arizona crucial federal funding. Under this strict rule, Arizona prosecutors only need to prove that an underage drinker had any alcohol in his or her system while driving.

Penalties for Conviction of Underage Drinking & DUI

Under Arizona’s zero tolerance laws, depending on your age at the time of arrest, you will face a two year automatic license suspension (or, at best, a restricted license for that time period) and a potential jail term if any trace of alcohol is detected in your system— even if you are a first-time offender.

Arizona’s no tolerance laws extend to drug usage and driving. Even minute amounts of drugs in your body — including marijuana and cocaine — can result in harsh penalties. With so much at stake, you should retain aggressive defense attorneys in Pima County with experience representing defendants in DUIs involving underage drinking or drug use, minors in possession charges and other teenage driving charges.

Determined Arizona Defense Attorney

Nesci & St. Louis is a law firm devoted exclusively to defending criminal and DUI charges and representing individuals who have been injured or had their rights violated by the state or government. Our lawyers have over 40 years of combined experience in DUI and criminal defense trials.

Our firm has an attorney certified by the State Bar of Arizona as a specialist in criminal law, and by the National College for DUI Defense (as authorized by the American Bar Association) as a specialist in DUI Defense.

Consult with our law firm about defending yourself against the zero tolerance laws in Arizona. Call Nesci & St. Louis today at (520) 999-2441 or contact us online to schedule your free initial consultation.

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  • “Sean is very professional yet personable. He can be counted on to work hard on your case. I highly recommend Sean McNally if you ever need legal help with a DUI.”

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  • “I had no idea what to do. I had just been charged w/ an extreme DUI the day before Thanksgiving and my world that I had built and sacrificed for was slowly crumbling away. I had previously hired the ...”

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  • “I had just been arrested and charged for speeding and an super extreme DUI & thought my life was over. I had hit rock bottom and couldn't find the way up. After talking with Ryan he gave me the true ...”

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