Alcohol laws vary from one state to another, so it is essential to understand what the rules dictate in Arizona. Arizona has some of the strictest alcohol laws in the country. Visitors and even Arizona residents often violate these laws unintentionally, but ignorance is not a legal defense to a crime. This blog explains 3 things you should know about alcohol-related laws in Arizona, so you are conscious of what is right and wrong.

It Is a Crime for a Person Under 21 to Possess Alcohol

When a person below 21 years is caught in possession of alcohol in Arizona, they are charged with the offense of a minor in possession of alcohol (MIP) under Arizona Revised Statutes (ARS) 4-244(9). Generally, an under-21 person commits this crime when they buy, possess, receive, or drink any alcoholic beverage. 21 is the lawful drinking age in Arizona.

The law against underage possession of alcohol uses the word “spirituous liquor” rather than alcohol. The word “spirituous liquor” incorporates such beverages as

• Brandy
• Alcohol
• Rum
• Whiskey
• Mescal
• Tequila
• Wine
• Gin
• Ale
• Porter
• Beer

If a child violates the MIP statutes by drinking alcohol, the offense is usually called “underage drinking” or “minor in consumption.” Remember, this law is not applicable if an individual under 21 years old has a lawful reason to possess alcohol. Lawful reasons include possessing alcohol for medical reasons under a physician’s care and for religious purposes, like a Catholic mass.

Violating ARS 4-244(9) is considered a Class 1 misdemeanor. A conviction can lead to serious consequences, including a jail term of up to 6 months and fines not exceeding $2,500.

Note that the judge may suspend the minor's jail term and sentence them to probation instead. If that happens, the probation sentence is usually imposed with specific terms, such as performing community service and completing a diversion program or

If a child utilizes a fake driver's license or ID to acquire alcohol, a minor-in-possession charge will lead to the suspension or revocation of the child’s license or ID.

As much as an MIP conviction can result in severe consequences, a minor still has a chance to defend themself. With the help of a lawyer, they can contest the charges against them with various legal defenses. Common defenses that apply to this charge include the defendant proving that they:

• Had no alcohol
• Did not possess an alcoholic beverage
• Are not below the stipulated drinking age

MIP law is only applicable to the possession, consumption, or receipt of spirituous liquor, including alcohol. The term "spirituous liquor" has a precise, lawful definition. A defense strategy, therefore, is for the minor to prove that the drink they had was not an alcoholic beverage.

The minor can also try challenging the charges against them by demonstrating that they did not have an alcoholic beverage. To possess something, a person must have physical control over it. The minor can assert, for example, that the drink belonged to another person or that they were just hanging out with other people who possessed it. An underage person who happens to be in the same room with someone else holding wine is not perpetrating MIP.

Lastly, an individual can only be convicted under MIP law if they are below the stipulated Arizona drinking age, which is 21 years. That means if a defendant successfully proves they were 21 or older when the offense occurred, they should not be convicted.

Being Drunk in Public Is Not an Offense

Arizona alcohol laws do not prohibit being drunk in public. The law describes a drunk or intoxicated individual as one whose physical or mental functioning is significantly impaired due to the immediate effect of an alcoholic beverage in their system. That said, being intoxicated in public is when a drunk individual is found on public property or in any public place.

Arizona does not have a law that particularly penalizes being intoxicated in public. In fact, state laws prohibit municipalities, counties, and other political subdivisions from enforcing or implementing any local statutes, rules, or resolutions that punish anyone for being a common drunkard or being found in an intoxicated state.

Instead of penalizing public intoxication, state laws encourage the treatment or rehabilitation of intoxicated people. Pursuant to Section 36-2026 of the Arizona Revised Statutes, an officer of the law or anyone else may bring a publicly drunk individual to an authorized local alcoholism reception center for emergency assessment and treatment, provided:

• The drunk person is alcohol-incapacitated, or
• They have inflicted, attempted, or threatened physical injury on themself or others

However, despite public intoxication not being an offense, a publicly drunk person can be subject to criminal prosecution if they commit some unlawful act while intoxicated. For example, intoxicated individuals can commit an offense by driving while drunk, trespassing, or engaging in disorderly conduct, otherwise called disturbing the peace.

Individuals who perpetrate some unlawful act while intoxicated are often accused of some form of misdemeanor violation. These crimes can be categorized as follows:

• Class 3 misdemeanor, carrying a jail term of up to a month or misdemeanor probation instead of jail
• Class 2 misdemeanor punishable by a maximum of 4 months in jail or probation
• Class 1 misdemeanor carrying a maximum of 6 months in jail or probation

If someone commits an offense while intoxicated in a public place, they are entitled to contest the charges and defend themselves. Three prevalent defenses may apply in this case. They include:

• The police did not have probable cause to arrest or stop the accused
• The defendant did not do any action classified as disorderly conduct.
• The State of Arizona does not have a law criminalizing public intoxication.

Absence of probable cause is a defense often argued in drunk driving charges. It is illegal for a police officer to arrest or stop someone when there is no probable cause that they have perpetrated an illegal act, whether something worthy of a felony crime or a traffic ticket. Thus, a defense strategy is for an accused to prove that law enforcement lacked probable cause to stop them.

Many publicly intoxicated people engage in disorderly conduct, an offense under Section 13-2904 of the Arizona Revised Statutes. However, this law describes very specific activities that are considered violations, including engaging in fights, using offensive language, or making loud noise. Thus, defendants can contest disorderly conduct accusations by proving they never committed an illegal act as listed under the disorderly conduct law.

Finally, in many cases, prosecuting attorneys do not have anything to blame an accused person with except the fact that they were intoxicated in public. But as mentioned, being publicly intoxicated is in itself not an offense under Arizona law. In that case, the defendant can challenge the charges by proving that there is no specific Arizona law criminalizing public intoxication.

Note that while being intoxicated in public is not a crime, the same is not true for drinking in public. Under Section 4-244(20) of the Arizona Revised Statutes, it is an offense to drink spirituous liquor in a public gathering, thoroughfare, recreational area, or any other public place. Drinking in public is considered a Class 2 misdemeanor. A conviction is punishable by a fine not exceeding $750 and up to 4 months in custody or misdemeanor probation.

People are commonly arrested for drinking in public when law enforcement sees them:

• Carrying an open container out of a restaurant
• Bringing an alcoholic beverage into a limo or car
• Taking alcohol outside of a designated drinking area

A potential defense is the defendant’s assertion that the area where they were arrested was designated and licensed for the consumption of spirituous liquor. Drinking in public does not apply to private property.

Driving a Vehicle With a 0.08% BAC Is Per Se DUI

According to Arizona law, operating an auto with a BAC (blood alcohol content) of .08% or more is a DUI offense, even if you are sober and driving safely. The law also considers it a drunk driving offense to operate a vehicle while alcohol-impaired, even when your BAC level is within the legal limit. And because Arizona is a zero-tolerance state for underage DUI, anyone below 21 years old arrested for operating a vehicle with a BAC of more than 0.00% faces baby or underage DUI charges.

DUI is generally a Class 1 misdemeanor. The consequences are contingent on whether it is the accused person's first or second DUI violation within 7 years. Remember that the prior DUI violations could have occurred in any other state in the U.S., not just Arizona.

The first DUI offense in seven years is punishable by:

• Traffic Survival School Course
• Drug and alcohol screening, treatment, or education
• Installation of an IID (ignition interlock device for 12 months)
• A suspension of your driver's license for 90 days. However, you may drive on a restricted license after thirty days.
• Potential community service
• A minimum fine of $1,250
• Ten days in custody. However, the judge can suspend 9 days if you complete drug and alcohol screening, treatment, or education

The penalties for a second-offense DUI in seven years include the following:

• License suspension for one year. You may install an IID after forty-five days
• A minimum fine of $3,000
• 90 days of jail time. The judge can suspend 60 days if you complete drug and alcohol screening, treatment, and education
• An IID installation for one year
• Community service for 30 hours
• Drug and alcohol screening, treatment, and education
• Traffic Survival School Course

Various defenses apply to drunk driving charges contingent on the facts of the case. Some of the defenses you can argue include the following:

• Law enforcement officers stopped you without probable cause or reasonable suspicion
• You threw up or burped in the fifteen minutes before breath testing
• You had a medical condition, like GERD, which led the breathalyzer device to display a falsely high result.
• The breathalyzer device was faulty or had not been recently calibrated
• The blood or breath samples were contaminated

The consequences are more severe if convicted of extreme DUI or super extreme DUI. Extreme DUI is when you have a BAC level ranging between 0.15% and 0.20% within 2 hours of driving or being in control of the vehicle. On the other hand, a super extreme DUI is when you have a BAC level of 0.20% or greater within 2 hours of driving or being in control of an automobile.

Note that a second or first DUI offense is considered an aggravated DUI if the drunk driving occurred while

• You were driving on the wrong side of the road
• Your driver's license was under suspension
• You were under the condition to drive with an IID installed
• There was a minor under fifteen years old in the car

Aggravated DUI is a Class 6 felony, punishable by hefty fines and an enhanced incarceration period.

Apart from criminal penalties, a DUI conviction can subject you to collateral penalties. For example, a DUI conviction can leave you with a criminal record that might make it challenging to obtain employment, a professional license, housing, and schooling. A criminal record may also have a detrimental impact on your reputation and make it challenging to negotiate plea deals for future crimes.

Find a Knowledgeable Alcohol-Related Law Attorney Near Me

Arizona alcohol-related laws are complex and constantly changing. You want to ensure you stay up to date so you do not find yourself on the wrong side of the law. As it is, a criminal record can severely affect your future life opportunities. With a conviction on your record, it may be difficult for you to rent an apartment, obtain a job, or even enroll in a graduate program. An experienced attorney can help you understand these laws in depth and explain what you should and should not do to avoid legal trouble.

At Phoenix Criminal Attorney, we will not only explain the laws to you but also defend you if you are accused of breaking any. We will provide you with expert legal counsel and guidance to help you determine the best action to resolve your case. Contact us at 602-551-8092 for more legal insight into Arizona alcohol laws and, if you have been charged, to share your case details.