Navigating Underage DUI and Fake ID Charges in Arizona: Penalties and License Suspensions
Arizona enforces strict zero-tolerance laws for underage drinking. An underage "Baby DUI" leads to up to a 2-year license suspension, while a Fake ID charge carries severe criminal penalties.
Arizona is home to massive college towns like Tempe and Tucson, attracting students from all over the country to ASU and UofA. However, the state is notoriously strict when it comes to underage drinking. If a minor is caught driving with any amount of alcohol in their system, or if they are found using a fake identification card, the consequences can derail their academic and professional future.
These offenses involve overlapping jurisdictions between the criminal courts and the Motor Vehicle Division (MVD). Understanding how to handle both sides of an underage DUI or Fake ID charge is essential. If you or your child are facing these allegations, it is highly recommended to search our directory for a local Arizona lawyer who understands the nuances of zero-tolerance laws.
Understanding the "Baby DUI" Law in Arizona
In Arizona, the legal drinking age is 21. Under A.R.S. § 4-244(34), the state enforces a strict "zero tolerance" policy for drivers under this age. This offense is commonly referred to as a "Baby DUI" or underage drinking and driving. While general adult DUIs under A.R.S. § 28-1381 require proof of impairment to the slightest degree or a Blood Alcohol Concentration (BAC) of 0.08% or greater, an underage driver can be charged under A.R.S. § 4-244(34) if there is any spirituous liquor in their body.
It does not matter if the minor is driving safely or if their BAC is merely 0.01%; the mere presence of alcohol in an underage driver's system is sufficient for prosecution. Upon conviction, the court orders a mandatory two-year driver's license suspension enforced under A.R.S. § 28-3322 (for drivers aged 18 to 20) or A.R.S. § 28-3320 (for drivers under 18).
Fake ID Charges Under Arizona Law
Often paired with underage drinking charges are fake identification allegations. Under A.R.S. § 4-241(L), it is unlawful for a person under 21 to use a fraudulent or altered written instrument to buy or obtain alcohol. Furthermore, under A.R.S. § 4-241(N), a minor cannot present another person's valid driver's license to enter a licensed premises. Prosecutors may also bring charges under A.R.S. § 28-3478 for unlawful use of a driver's license or under A.R.S. § 13-2002 for criminal forgery. These offenses are typically classified as Class 1 Misdemeanors, carrying potential jail time, fines up to $2,500, and a permanent criminal record that may impact college standing or employment.
MVD Consequences vs. Criminal Court
An underage DUI initiates two separate legal battles: one with the criminal court system and one with the Arizona Motor Vehicle Division, Phoenix (or your local branch). The criminal court handles fines, jail time, and probation, while the MVD exclusively handles driving privileges.
A conviction for a Baby DUI results in an automatic two-year driver's license suspension by the MVD. Even if the criminal charges are reduced or dismissed, the MVD can still suspend the license based on the administrative per se rules if the minor failed or refused a breathalyzer test.
Impacts on Out-of-State College Students
Many out-of-state students believe that an Arizona MVD suspension will not affect their home state license. This is a dangerous misconception. Arizona is a member of the Interstate Driver's License Compact. If the Arizona MVD suspends your driving privileges, they will report the violation to your home state (such as California or Texas), which will likely honor the suspension and revoke your local license.
Step-by-Step Process for Handling Underage DUI in Arizona
Acting quickly is the most important factor when facing underage DUI or Fake ID charges. Below is the general step-by-step process you can expect in Arizona.
Step 1: The Arrest and Confiscation
If stopped by law enforcement and suspected of underage drinking, the officer will likely confiscate the minor's driver's license and any fake IDs found. The officer will issue an Admin Per Se form, which serves as a temporary driving permit for 30 days.
Step 2: Requesting an MVD Hearing
You have exactly 30 days from the date of the notice to request a hearing with the MVD Executive Hearing Office to challenge the license suspension. This requires submitting a Form 40-5008, Arizona, Arizona Department of Transportation, Hearing Request to the MVD. Failing to request this hearing within the 30-day window guarantees an automatic license suspension.
Step 3: Attending the Criminal Arraignment
The minor must appear in the local jurisdiction's court (for example, the Tempe Municipal Court, Tempe) for an arraignment. During this hearing, the judge will read the charges, and the defendant will enter a plea of guilty, not guilty, or no contest. An attorney will almost always advise entering a "not guilty" plea to buy time to review the evidence.
Step 4: Completing Mandatory Traffic Survival School
If convicted, or as part of a plea deal, the minor will be mandated to complete educational courses. This often includes enrolling in an MVD-approved Traffic Survival School and completing alcohol education classes at facilities approved by the Arizona Department of Transportation, Phoenix or other local branches.
Step 5: License Reinstatement and SR-22
After serving the suspension period, the minor must apply for license reinstatement. This involves paying a reinstatement fee and filing a Form SR-22, Arizona, Arizona Motor Vehicle Division, Certificate of Financial Responsibility with the MVD, proving that they carry high-risk auto insurance. This SR-22 must typically be maintained for three years.
How Much Does it Cost in Arizona?
The financial toll of an underage DUI is staggering, often costing thousands of dollars over several years.
| Expense Type | Estimated Cost (USD) |
|---|---|
| Base Criminal Fines & Surcharges | $1,500 - $2,500 |
| Traffic Survival School & Alcohol Classes | $200 - $500 |
| MVD Reinstatement Fee | Approx. $50 |
| SR-22 Insurance Increases (over 3 years) | $3,000 - $5,000+ |
| Defense Attorney Fees | $2,500 - $6,000+ |
How Long Does the Process Take?
The immediate criminal court process for a Baby DUI typically takes about 3 to 6 months to resolve through hearings, plea negotiations, or a trial. However, the repercussions last much longer. The mandatory license suspension lasts up to 2 years, and the SR-22 insurance requirement lasts for 3 years after the suspension ends.
Frequently Asked Questions (FAQ)
Can a Fake ID charge be dismissed if it's my first offense?
It is possible. First-time offenders might be eligible for diversion programs offered by local courts. If the minor completes community service and educational classes, the prosecutor may dismiss the charge, keeping their record clean.
Do I have to tell my university about a Baby DUI?
Many universities in Arizona, including ASU and UofA, have codes of conduct that require students to report criminal convictions. Failing to report an arrest or conviction could result in academic disciplinary hearings or expulsion.
Is it possible to get a restricted license to drive to school?
Yes. Under A.R.S. § 28-3322(B) and A.R.S. § 28-3320(B), the court has statutory authority to order the MVD to issue a Special Ignition Interlock Restricted Driver License (SIIRDL). This allows the underage driver to travel to school, employment, and court-ordered treatment, provided they install a certified ignition interlock device (IID) and complete mandatory alcohol screening.
What happens if I refuse the breathalyzer test?
Under A.R.S. § 28-1321, refusing a breath, blood, or urine test results in an automatic and immediate one-year suspension of your driving privileges, even if you are ultimately found not guilty of the DUI charge.
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