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Underage Drinking and Driving | A.R.S. §4-244(34)

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Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
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Underage Drinking and Driving | A.R.S. §4-244(34)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 3,000 DUI/Vehicular Crime Dismissal and Reduction DUI Case Victories!!

Beware:  Any law firm or Attorney can have DM Cantor’s Phoenix Underage Drinking and Driving Crime Attorney website information rewritten by Artificial Intelligence (AI), and then they can post it online as their own “knowledge base.”  But, they cannot falsely list our Jury Trial Complete Acquittals, or our Board Certifications, as their own.  Also, many attorneys claim that they “specialize” in criminal defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Underage Drinking and Driving Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Underage Drinking and Driving cases.

Every Major Felony Underage Drinking and Driving case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Underage Drinking and Driving Law Team in Arizona

How do you know who has the best Underage Drinking and Driving Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Underage Drinking and Driving in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Underage Drinking and Driving Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Underage Drinking and Driving Defense Team, DM Cantor.

David is a highly-skilled Underage Drinking and DrivingDefense Lawyer who knows the Underage Drinking and Driving laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Underage Drinking and Driving Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Underage Drinking and Driving overview as to how the DM Cantor Phoenix Underage Drinking and Driving Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Underage Drinking and Driving. So whether you have a single Underage Drinking and Driving charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Underage Drinking and Driving Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Underage Drinking and Driving Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Underage Drinking and Driving charge.

What is Underage Drink and Drive in Arizona?

In Arizona, per A.R.S. §4-244 (34) “Underage Drink and Drive” or “Underage DUI”, it is illegal for any person under the age of twenty-one (21) years to drive or be in actual physical control of a motor vehicle while there is any spirituous liquor in that person’s body.

It is irrelevant whether the person is actually impaired by the alcohol. In other words, you could be completely sober and capable of driving perfectly, yet it is still a violation to have any alcohol on your breath while driving if you are under the age of 21. However, many times these cases are charged in conjunction with a DUI , DWI, or Extreme DUI charge.

Watch this short video where David explains Underage DUI / Drinking and Driving in Arizona:

If you have been charged with Underage Drinking and Driving in Phoenix or anywhere within the State of Arizona you need expert legal representation. Arizona takes a very hard line to minors driving under the influence of alcohol or Underage Drinking and Drivings. DM Cantor are available 24 hours a day to review your case with a Free Initial Consultation. Call 602-307-0808 or click here to fill out our confidential contact form.Penalties for Underage Drink and Drive

Underage DUI charges by themselves don’t require any jail time and usually if this is your first offense you will be given probation. However, a young person can still be sentenced by the judge to:

  • Jail from anywhere from zero (0) days up to six (6) months.
  • In addition, there can be a fine of up to $2,500.00 plus an 84% surcharge and it is mandatory that the person’s license be suspended for two (2) years.
  • The judge is allowed to order that the DMV issue a restricted driving permit which allows the person to drive to and from work, school, and any court ordered alcohol classes during that two (2) year period.
  • The heaviest consequence occurs when the vast majority of insurance companies refuse to insure a young person who is currently on a restricted driving permit during those two (2) years. If an insurance company will insure the young person, it will be at an incredibly high rate.

The penalties for minors driving under the influence can haunt someone for the rest of their life with high insurance premiums and other consequences.

Legal Defenses for Underage Drink and Drive

  • “No Reasonable Suspicion to Stop” Officers are not permitted to stop or detain someone based on pretexts regarding race, religion, gender, age, sexual preference nor on a host of other discriminatory and legally insufficient reasons.
  • “No Actual Physical Control” If a person has had too much to drink, pulls off the roadway, leaves the engine running with the A/C or heater on, and attempts to “sleep it off”, then they are not in “actual physical control” of their vehicle and are not guilty of DUI, DWI, or Underage Drink and Drive. However, remember that it is still a crime for an underage person to consume alcohol and there are other charges that could be filed against them.
  • “No Probable Cause for Arrest” If an officer did not have probable cause that a person had consumed alcohol, then the arrest should be invalidated (i.e. if the Field Sobriety Tests were improperly administered). The National Highway Traffic Safety Administration (NHTSA) has set forth guidelines regarding FSTs. The tests should not be given if the suspect:
    • is 50 pounds or more overweight
    • has any back, hip, leg, knee, or ankle injuries
    • has any disability effecting balance
    • is wearing shoes with heels two (2) inches or higher

Remember, you always have the right to refuse Field Sobriety Tests (i.e., the “physical” tests). Do not believe the Officer if he tells you otherwise! If the Horizontal Gaze Nystagmus (HGN) or “eye test” was given by an officer not yet certified to give that test, it will be inadmissible in court.

Click here to view the 20 Best DUI Defenses in Arizona


Other Common Defenses to Underage DUI

Note: if the only basis for Underage Drink and Drive arrest is refusing to perform FSTs, then the arrest will be invalidated.

  • “Denial of Right to Counsel” When arrested for Under-age DUI or DWI, upon requesting an Arizona DUI Attorney, the police must get you to a phone as soon as it is reasonably possible. If they ignore your request, or wait too long, this could be grounds for dismissal.
  • “Inaccuracy of the Breath or Blood Testing Device” The AZ Department of Health Services (DHS) has set forth rules for the proper maintenance of breath testing devices. They must be calibrated to within a 10% accuracy range every thirty-one (31) days. In addition, the machine goes through a seven (7) test Standard Quality Assurance Procedure (SQAP) every ninety (90) days. If any of the maintenance checks are out of tolerance, then all breath tests given during the time interval between the two maintenance checks will be inadmissible. The prosecutor will not point this out for you.
  • “Miranda rights violation” In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements.
  • Incorrect Police Reports Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and an inaccurate crime scene description.

It is important to hire a skilled DUI defense lawyer who has knowledge of all the defenses possible when fighting Underage DUI charges in Arizona. A person under the age of 21 has their whole life ahead of them and a DUI conviction like this can tarnish a reputation and have negative consequences for years to come.

Click here… if you have not been charged with Underage Drinking and Driving yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a DUI lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our DUI Lawyers in Arizona know the system well.

The Collateral Consequences Of An Underage Drinking and Driving Conviction

The effects of a Underage Drinking and Driving conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Underage Drinking and Driving Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Underage Drinking and Driving, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Underage Drinking and Driving Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Underage Drinking and Driving Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Underage Drinking and Driving Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Underage Drinking and Driving Lawyers always offer free consultations for an initial visit with our Phoenix Underage Drinking and Driving Defense Attorneys. We are often considered to be the “best Underage Drinking and Driving Defense Lawyer”.

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