A “back-to-school” campaign by Tempe police has begun. The initial efforts are focused on issuing warnings to students at Arizona State University that drunk driving will not be tolerated. Since the legal drinking age in Arizona is 21, it means that many, if not most, of the students at ASU (and other colleges and universities in Arizona) are violating the law just by drinking, let alone drinking and driving.
The starting point for any legal analysis of drinking and driving involving minors is A.R.S. 4-244(34), which provides that it is unlawful for anyone under the age of 21 to drive or be in actual physical control of a motor vehicle while there is any alcohol in his or her body. The effect of this law is that Arizona is one of many states with a “zero tolerance” policy on underage drinking and driving. As a result, you are in violation of the law if your blood alcohol content is in excess of 0.00. And this can lead, in some cases, to the same sorts of consequences as a DUI for an adult driver, including:
- Suspension of your driver’s license;
- Mandatory installation of an ignition interlock device (when your license is restored);
- Fines;
- Jail time;
- Probation; and
- Community service.
Beyond this, the conviction can affect your chances for jobs, and can subject you to academic discipline at ASU and at other schools.
It is important to note that an underage drinking and driving charge does not require proof that you were intoxicated, or that you were under any effect at all as a result of consuming alcohol. Unlike adult DUI’s, where a certain BAC may lead to a presumption one way or the other concerning intoxication, zero tolerance means that the presence of any alcohol in your system can support a conviction.
So if you are a student at ASU, or if you plan to be in the vicinity of the university, you can expect increased patrols looking for DUI candidates. And based upon what the Tempe PD is saying, don’t expect to be let off with a warning if you are caught drinking and driving.
The Feldman Law Firm PLLC
1 E. Washington Street
Phoenix, AZ 85004
(602) 540-7887
