Information on Phoenix, Arizona Underage Drinking Laws and Statutes - Attorney Adept at Minor in Possession Litigation
Following the repeal of Prohibition in 1933, many states established their minimum legal drinking age at 21. It would be during the 1960s and 1970s that many states lowered their minimum age for legal drinking as a response to political and Vietnam War era arguments. The legislature's logic was that it didn't make sense for citizens of Arizona and the United States as a whole to be arrested for underage drinking and yet be eligible for the federal draft and life-altering exposure to war.
In 1984, only 23 states placed the minimum alcohol purchasing age at 21 years old. On July 17 of that year, President Ronald Reagan signed legislation which would withhold Federal Highway funds from the remaining 27 states in the event they did not raise their minimum alcohol drinking age to 21. In Arizona, an amendment in 1972 lowered the minimum drinking age from 21 to 19. On January 1, 1985, Arizona changed their law to raise the minimum drinking age to 21 and it has remained in place since then. As of July 1, 1998, Wyoming became the last state to adopted 21 as the legal drinking age.
One of the reasons Arizona underage drinking is such a problem is that it eventually leads to other crimes, thus the need to prosecute underage drinking violations in order to stem an increase in future violations. In Phoenix and throughout Arizona, minor in possession crimes include and can be attributed to DUI, assault, vandalism, disorderly conduct, and more. According to the Arizona Governor's Office Highway Safety Report, 45 teens were killed in alcohol-related crashes in 2004. According to M.A.D.D. statistics, underage drinking has become widespread, with 257,000 underage drinkers yearly in Arizona. With these statistics, Arizona is becoming more aggressive in prosecuting underage drinking violations.
As per Arizona Revised Statute §4-244, it is illegal for any person under the age of 21 to drive or be in control of a motor vehicle while there is any spirituous liquor in that person's body. Subsequently, this initial charge, in Phoenix and throughout Arizona, of a minor in possession usually will lead to a DUI and other subsequent charges.
What is not a concern of the State are the far-reaching penalties to be placed upon you. A conviction in Arizona for underage drinking or minor in possession can negatively affect your future. Your status as a student, employee, or parent could be placed in jeopardy. A situation such as this is when an experienced and aggressive attorney will be your best defense. You may not initially see the need for an attorney, since this matter may only be a misdemeanor; however, present or future employers or schools may not take such a view as to this crime. An experienced Arizona-based underage drinking attorney from our law firm will be able to explain possible consequences you may face and guide you through the legal system. Charges may be dropped or changed to other charges with less far-reaching repercussions.
Minor in Possession Sentencing
Some Arizona underage drinking violations and their results can be found under Arizona Revised Statutes Title 4:
- Unlawful Acts § 4-244(33)
- Selling or giving liquor to underage person; illegally obtaining liquor by underage person § 4-241
- License Suspension § 28-3309
- Driving or actual physical control while under the influence § 28-1381, § 28-1382, § 28-1383
- Disorderly Conduct §13-2904
- Shoplifting § 13-1805
Arizona does not look kindly on underage drinking and there are serious repercussions if you are convicted. In addition to fines, possible jail, and probation, you will also face a two-year mandatory license suspension. You may receive a restricted driving permit during this period, usually allowing you to drive to and from work and school. However, your insurance company may not see this restrictive license in a favorable light, resulting in inflated premiums and limited coverage.
You must realize that a conviction for an alcohol offense can potentially stay on your record permanently. Negative consequences could include travel restrictions and ineligibility for government jobs, scholarships, educational opportunities, collegiate sports eligibility status, and many other unforeseeable limitations in your future. Arizona classifies underage drinking as a Class 2 Misdemeanor punishable by a maximum $750 fine and four months in jail.
An aggressive and knowledgeable attorney will use a number of ways to prepare you for a hearing; in the event that one takes place, they can gather character, employment, or other reference letters to present at the hearing and establish communications with the prosecution. Your future is in your hands, but a knowledgeable and aggressive attorney on your side may be your best defense.
For further information regarding Phoenix, Arizona law and statutes relating to minor in possession and underage drinking violations, contact an aggressive and knowledgeable attorney today.