Being arrested or charged with furnishing or selling alcohol to a minor could attract grave consequences. According to Arizona Revised Statutes (ARS 4-241), it is unlawful to provide alcoholic beverages to someone under 21 knowingly. A minor under 21 could also face charges under this statute when he/she buys alcohol from a liquor store.

Understanding and adhering to this statute is vital for any person involved in the business of alcohol sales. While it is a misdemeanor, a charge under ARS 4-241 could attract life-altering consequences after a conviction, including a criminal record.

If you are under arrest or charged with an ARS 4-241 violation, a seasoned and credible criminal defense attorney can help you craft compelling legal defenses to increase your odds of securing a desirable outcome.

A Look at What ARS 4-241 Entails

ARS 4-241 makes it illegal to knowingly sell, provide, or “furnish” an alcoholic beverage to an underage person or minor. For the purpose of this law, a “minor” is anyone under 21. Allowing him/her to drink alcohol in your liquor store or business is also a crime under this statute.

A minor aged under 21 could also face charges under IRS 4-241 when he/she buys alcohol from a liquor store, bar, or any other related licensed business. Here are examples of instances that could attract ARS 4-241 charges:

• Serving alcohol to minors at an event, party, or gathering

• Buying alcoholic beverages for minors at a licensed bar

• Allowing minors to indulge or consume alcoholic beverages on your property or at home

• Providing a minor with a false or fake ID to purchase alcohol

• Using another person's driver's license to buy an alcoholic beverage from a liquor store or a distiller

• A minor requesting customers at a bar or restaurant to buy him alcohol

As you can see above, ARS 4-241 could apply to both the seller and the customer. If you are a store clerk, waiter, or bartender, you should verify the age of your customers before allowing them to enter or buy alcohol in your facility. Below are examples of age verification items you should ask a person you suspect to be under 21 to provide you with before agreeing to sell him/her alcohol:

• Unexpired driver's license

• Current national identification card (I.D.)

• Unexpired armed forces I.D.

• Unexpired and valid border crossing card

Ensure you examine the photograph on the ID provided by the underage suspect and ensure a reasonable person would believe it resembles him/her. In addition to or instead of these instruments, you can also use a biometric identity verification device. When you sell alcohol to a person under 21 after undergoing the identity verification process, you could face charges under ARS 4-241.

Potential Penalties for an ARS 4-241 Violation Conviction

The penalties you could face after an ARS 4-241 violation conviction serve as a deterrent to emphasize the seriousness of these kinds of offenses. Based on the circumstances and facts of your unique case, the prosecutor could file your case as either a class 3 or class 1 misdemeanor. Your offense will be a class 1 misdemeanor if any of the following is true:

• You or your employee furnished alcohol to a minor

• A minor attempts to purchase alcohol from you, a licensed bar or liquor store

If your offense is a misdemeanor, your penalties following a conviction under ARS 4-241 include:

• A fine not exceeding $2500

• Up to six months of jail time

• Misdemeanor probation

In addition to the above penalties, the DMV (Department of Motor Vehicles) could suspend your driver's license. If you are a minor and you solicit or ask other people to buy you alcohol, the prosecutor will file class 3 misdemeanor charges against you. After an ARS 4-241 violation conviction, your penalties could include:

• A fine not exceeding $500

• A jail term of up to one (1) month

• Misdemeanor probation

Misdemeanor probation is an alternative sentence to avoid serving the sentence behind bars. Probation allows you to spend your sentence out of custody, but under close supervision and monitoring by a court-appointed probation officer. While on probation, the court could require you to comply with the following terms and requirements:

• Perform community service

• Stay crime-free

• Agree to wear an electronic monitoring device

• Stay away from certain people

• Enrol in a counseling session

• Attend alcohol treatment and education programs

If you own a liquor store, bar, or operate any other business that sells alcohol, after a conviction under ARS 4-241, the Department of Liquor Licenses and Control could:

• Revoke your license, especially if you are a repeat offender

• Require you to pay hefty fines

These harsh consequences aim to ensure commercial establishments conduct thorough screening on their customers to ensure they can lawfully buy and consume alcohol.

An ARS 4-241 conviction could also ruin your business's reputation due to the negative publicity involved with the offense, leading to loss of customers even after serving your sentence. To mitigate these possible risks, you should thoroughly train your employees on the age verification process when selling alcohol and enforce the culture of compliance with this vital law within your facility.

Using ID scanners and other technologies before selling alcohol to anyone can help protect your business from potential legal issues. Ensure you contact a skilled criminal defense attorney if you are under investigation or arrest as a suspect in an ARS 4-241 case. The services of an experienced criminal defense attorney could mean the difference between a conviction and securing a dismissal or a lighter sentence.

Best Legal Defenses Your Attorney Can Use to Challenge an ARS 4-241 Charge

To help you contest your ARS 4-241 charges, your criminal defense attorney may raise several legal defenses. Explained below are some of the most effective legal defenses that could help you achieve a favorable result:

The Person Involved is Not an Underage or a Minor

The court can only convict you under ARS 4-241 when you provide or sell an alcoholic beverage to an underage person (someone under 21). Therefore, it is a valid legal defense to argue that the individual involved was not a minor.

You Committed a Mistake When Verifying the Person's Age

Even though you, the license holder, or your employee sold or provided to a minor, the court could dismiss or reduce your charges if your attorney can prove with clear evidence that you did that by mistake. For example, you honestly believed the person was over 21.

This legal defense could work in your favor if your attorney can prove that your mistake or error was reasonable, meaning any sober person under a similar situation could commit that error.

You Adhered to the Age Verification Criteria

Recall, ARS 4-241 outlines the criteria you should follow as a liquor store or bar licensee or worker to verify your customer's age when you suspect he/she is under 21. These measures include carefully checking the customer's ID. Therefore, it is a viable and valid legal defense to argue that you or your employee followed and adhered to all the steps to identify the customer properly.

The Prosecutor's Evidence Against You is Insufficient

For the court to convict you for an ARS 4-241 violation, the prosecutor must provide adequate evidence to prove all the elements of the crime beyond a reasonable doubt. If your criminal defense attorney's evidence and arguments can raise a doubt on the prosecutor's case against you, the judge or jury could reduce or dismiss your charges.

Having a reputable and seasoned criminal defense attorney in your corner is key to securing a favorable outcome in your ARS 4-241 case, including a dismissal of the charge or a lighter sentence.

Crimes Closely Related to an ARS 4-241 Charge

The following three common offenses are closely related to the ARS 4-241 charge because they share similar or closely related elements that the prosecutor must prove at trial to secure a conviction against you:

Minor in Possession (MIP)

ARS 4-244 defines the laws and the penalties for the minor in possession of alcohol offense. You commit this crime if you are below the lawful drinking age (under 21) and you receive, possess, buy, or consume alcohol. After an arrest as a suspect in an ARS 4-244 case, the prosecutor will file your offense as a class 1 misdemeanor, punishable by not more than six (6) months of jail time and a fine not exceeding $2,500 after a conviction.

Here are examples of acts that could attract charges under this statute:

• A fourteen-year-old girl receiving alcohol from his/her 24-year-old neighbor

• Three high-school boys at an event or park consume gin

• A 17-year-old buying and carrying a 12-pack of beer cans to his/her friend's apartment

With the legal assistance of a skilled attorney, you could qualify for a misdemeanor probation as an alternative sentence instead of jail time. If you used a fake driver's license or ID to purchase the liquor, an MIP charge conviction could result in losing the license or ID.

Contributing to the Delinquency of a Minor

According to ARS 13-3613, it is unlawful to facilitate or contribute to a minor's delinquency. In other words, you commit this offense when you engage in any act that injures or debases a child's welfare, health, or morals. Here are examples of acts that could attract charges under ARS 13-3613:

• A parent or guardian making a lewd phone call to his daughter's friend

• Giving beer and cigarettes to your neighbor's underage son

• Encouraging a 16-year-old boy to resign from a weekend job or ditch school

If the prosecutor does not have sufficient evidence to secure a conviction against you for furnishing alcohol to a minor, he/she will likely file an ARS 13-3613 charge against you. Also known as “contributory delinquency,” an ARS 13-3613 charge is a class 1 misdemeanor punishable by a fine not exceeding $2,500 and not more than six months of jail time.

However, the court could sometimes award you misdemeanor or informal probation instead of jail time. While it will depend on the facts of your unique case, the court is more likely to award you probation if you are a first-time offender and do not have a criminal history.

Driving Under the Influence

Also abbreviated as DUI, driving under the influence is an offense under ARS 28-1381. According to this statute, it is illegal for anyone to operate a car while impaired by drugs or alcohol or with a BAC (blood alcohol concentration) of 0.08% or above.

The prosecutor will typically file a DUI offense under ARS 28-1381 as a class 1 misdemeanor. The penalties you will face after a conviction depend on whether you are a first-time offender or have past DUI convictions. Even if your past DUI conviction occurred in a different state, that record could influence the penalties you will receive for your current DUI conviction.

For a first-time DUI conviction in seven years, you should expect the following potential sentence:

• A fine amounting to up to $2,250

• Up to ten days in jail, but the court could suspend nine days when you complete a drug and alcohol education program

• Driver's license suspension for up to ninety days

• Agree to install an IID (ignition interlock device) in your vehicle for one year

• Agree to perform community service

It is worth noting that your subsequent DUI conviction in seven years will carry harsher penalties. For example, a repeat DUI offense can fetch a sentence of up to ninety days in prison and up to $3,000 in fines.

It is essential to hire an experienced attorney to help you avoid the serious consequences of a conviction under ARS 4-241 or secure the best possible outcome.

Find a Reliable Criminal Defense Attorney Near Me

If you or someone you know was arrested or charged with furnishing a minor with alcohol under ARS 4-241, your initial call should be to a qualified criminal defense attorney. We invite you to call our qualified criminal defense attorneys at Phoenix Criminal Attorney at 602-551-8092 if you need legal assistance contesting an ARS 4-241 charge.

We are available around the clock to ensure you receive immediate legal representation at every stage of the legal process to secure a favorable outcome.