Arizona Drinking Laws For Minors – Minor in Consumption of Alcohol (MCA) is a felony in Arizona that prohibits minors under the age of 21 from consuming or possessing alcohol. The relevant statute is Arizona Revised Statute 4-244(41).
Under this law, it is illegal for a person under the age of 21 to knowingly consume or possess an alcoholic beverage. It is also illegal for minors to purchase or attempt to obtain alcohol or to use a false ID to purchase or obtain alcohol.
Arizona Drinking Laws For Minors
A first offense under the MCA in Arizona is generally considered a Class 1 misdemeanor, which can result in a fine of up to $2,500 and six months in jail. However, in some cases, the court may order community service or participation in an education or alcohol treatment program as an alternative to prison. Subsequent convictions may result in harsher penalties, including longer prison sentences and higher fines.
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Additionally, an MCA conviction may have consequences other than criminal penalties. For example, a person’s driver’s license may be suspended for up to two years and a conviction may appear on a person’s criminal record, thereby affecting their future employment or educational opportunities.
It is important to note that there are some exceptions to the MCA law in Arizona. For example, minors may possess or consume alcohol for medical or religious purposes or at work. However, these exceptions are narrowly defined, and if you are facing MCA fees and think you may qualify for an exception, it is important to consult an attorney.
If you or a loved one has been charged with Simple Driving While Impaired by Alcohol (4-244(41)) in Arizona, don’t let this mistake affect your future. Our experienced Arizona-based attorneys understand the complexity of this matter and will provide you with the professional legal representation you need. We will fight to protect your rights, explore potential defenses, and work to achieve the best outcome. With a successful track record in protecting consumers from alcohol-related crimes, we have the experience and expertise to guide you through the legal process. Take control of your situation and ensure a better future by calling (888) 912-5617 now. Possession of alcohol is a first-degree misdemeanor for persons under 21 years of age. Consumption of alcohol or being under the age of 10 is considered underage or “MIP” (ARS 4-244(9)). The only exceptions are for religious reasons (such as Catholic mass) or medical reasons under the supervision of a doctor.
A common defense to MIP charges is that the accused was under the influence of alcohol. For example, a person under the legal drinking age who is in the same room as another person who is drinking is not MIP.
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Please note that adults who provide alcoholic beverages to minors under the age of 18 are charged with being criminally responsible for the delinquency of a minor under ARS 13-3613.
Although Arizona’s alcohol law does not prohibit public intoxication, consuming alcohol in a public place or place of public entertainment is a felony under ARS 4-244(20 ). A class 2 misdemeanor, a penalty which includes:
People often become aware of this crime when police see people leaving a restaurant with open containers. A possible defense is that the premises cited had a liquor license.
Being intoxicated in a public place also places a person at risk for disorderly conduct (ARS 13-2904), defined as:
States That Allow Underage Drinking
Disorderly conduct – also called a breach of the peace – is a Class 1 misdemeanor under Arizona law, which includes:
Defendants often fight these charges by arguing that their conduct does not constitute misconduct.
Another crime that intoxicated people can unknowingly commit is trespassing (ARS 13-1504). Also a Class 1 misdemeanor, penalties include:
A common defense is that the defendant has the legal right to stay where they were and the owner or property manager never asked them to leave.
Public Consumption Of Alcohol In Arizona
State law makes it a DUI offense to operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or more, even if the person is under the influence and driving safely. It is considered a DUI to drink and drive, even with the legal blood alcohol level. And because of Arizona’s zero-tolerance policy, people under the age of 21 who are caught driving with a blood alcohol level above 0.00% face charges of “driving while impaired.” of juvenile drunkenness.”
Although a DUI is usually a misdemeanor, the penalties can be severe. The standard punishment requires jail time, a hefty fine, driver’s license suspension/revocation, community service, and a restraining device.
Call our law firm for legal advice. Our criminal defense attorneys offer free consultations in Phoenix and throughout the state of Arizona.
A former Los Angeles district attorney, attorney Neil Schuose graduated cum laude from UC Berkeley and Harvard Law School (and completed additional studies at MIT). He has been featured on CNN, Good Morning America, Dr. Phil, The Today Show and Court TV. Mr. Shoez has been recognized by National Trial Lawyers as one of the Top 100 Criminal and Civil Lawyers. Let’s say you are a young driver or the parent of a young driver in Arizona who has been convicted of driving under the influence. In this case, you may be wondering what happens if you get a DUI before the age of 21. Consumption of alcohol before the age of 21, and in particular driving under the influence, constitutes a serious offense. It’s no surprise that a young driver may face unavoidable and potentially difficult situations if they find themselves facing drunk driving charges.
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This article will detail the penalties these young drivers may face if convicted of driving under the influence before the age of 21. However, keep in mind that these are just general guidelines. The circumstances of your case may vary, and if you or your child has been arrested for drunk driving, it is important to contact an experienced attorney immediately.
Read on to learn more about petty DUIs in Arizona and what you or your loved one could face if convicted.
When we think of the term “minor,” we generally think of someone under the legal age of majority, which is 18 in most jurisdictions. However, in Arizona, a DUI is considered a juvenile DUI if the offender is under the age of 21 at the time of the offense. This means that even if the driver is 18 or older, they may face the same penalties as someone under 18 for driving under the influence.
Many young drivers may not realize that they may be under the legal alcohol limit and will still be charged with drink driving if they are under 21. This is due to Arizona’s “Not a Drop” law, which states that any amount can be visible. Enough alcohol to charge someone under 21 with DUI.
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As a result, this means that underage drivers in Arizona can still be charged with a minor DUI even if their blood alcohol content (BAC) is below the 0.08% legal limit set for the legal drinking age.
Unlike standard DUI charges, DUI convictions under 21 do not require officers to prove that the driver’s blood pressure exceeds the age limit. Instead, they simply want to show that there was a visible amount, no matter how small.
Penalties for DUI in Arizona are considered severe, and this is no exception for minor DUIs. In Arizona, young drivers under the age of 21 will face serious penalties if they are caught driving under the influence of alcohol.
Fewer than 21 DUIs are considered a Class 1 misdemeanor. However, juvenile DUI differs from standard DUI in several important ways. Often referred to as “juvenile DUI,” DUI charges for people under the age of 21 do not carry mandatory jail time or fines.
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Generally, Arizona DUI penalties for drivers under the age of 21 for their first offense can include:
Drivers under the age of 21 who are convicted of an underage driving offense for the second time can expect additional penalties. However, these DUI penalties in Arizona are not the only penalties that underage drivers may face.
We must not forget that consuming alcohol before the legal age in itself constitutes a very serious offense. Drivers convicted of drunk driving and driving while intoxicated under the age of 21 may face additional drunk driving charges that are not related to driving a motor vehicle. This is because underage drinking is a crime.
Drivers convicted of drunk driving under the age of 21 often face the following charges, in addition to other charges:
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A DUI charge is bad enough on its own. However, these additional costs can be significant and have a serious impact on a young driver’s life for years to come.
The consequences of a 21 DUI in Arizona are not limited to the complete loss of driving privileges and the 21 DUI penalties listed above.
Drivers convicted of teen drunk driving
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