1) It is an Arizona crime to possess alcohol while under 21

It is a class 1 misdemeanor for people under 21 years old to possess alcoholic beverages. Underage drinking or possession is called minor in possession or “MIP” (ARS 4-244(9)). The only exceptions are for religious reasons (such as a Catholic mass) or medicinal purposes under a doctor’s care.

Penalties that an underage person faces for MIP include:

• Up to six months of jail (which is probationable), and/or
• Up to $2,500 in fines

A common defense to MIP charges is that the defendant did not have physical control over the alcohol. For instance, a person under the legal drinking age who happens to be in the same room with another person holding a beer is not committing MIP.

Note that adults who furnish minors younger than 18 years old with spirituous liquors face criminal charges for contributing to the delinquency of a minor under ARS 13-3613.¹

2) Public intoxication is not a crime in Arizona

Although Arizona alcohol law does not forbid public drunkenness, it is a crime under ARS 4-244(20) to consume alcohol in a public thoroughfare or public recreation area. A class 2 misdemeanor, the sentence includes:

• Up to four months in jail (which is probationable), and/or
• Up to $750 in fines

People are often cited for this offense when police see people carrying an open container out of a restaurant. A possible defense is that the location where the defendant was cited was licensed for alcohol consumption.

Being drunk in a public place also makes the person vulnerable to commit disorderly conduct (ARS 13-2904), which is defined as:

1. knowingly engaging in a certain type of disruptive behavior (such as making loud noises or using offensive language), and
2. doing so with the intent to disturb the peace or the quiet of a neighborhood, family, or a person.

Disorderly conduct – also called breaching the peace – is a class 1 misdemeanor under Arizona law, carrying:

• Up to six months of jail (which is probationable), and/or
• Up to $2,500 in fines

Defendants typically fight these charges by arguing that their behavior did not rise to the level of disorderly conduct.

Another criminal offense that inebriated people may unintentionally commit is trespass (ARS 13-1504). Also a class 1 misdemeanor, penalties include:

• Up to six months of jail (which is probationable), and/or
• Up to $2,500 in fines

A common defense is that the defendant has the legal right to be where he/she was, and that the private property owner or manager never asked him/her to leave.

Learn more about public intoxication laws in Arizona.

3) Driving with a blood alcohol content of 0.08% is per se illegal in Arizona

State law makes it a DUI crime to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, even if the person is sober and driving safely. It is also considered DUI to drive while impaired by alcohol, even with a legal BAC. And due to Arizona’s zero-tolerance policy, people under 21 years of age caught driving with any BAC level above 0.00% face “baby DUI” charges.

Depending on the case, five potential defenses to DUI charges include:

1. The breathalyzer was defective or had not been calibrated recently;
2. The blood samples were contaminated;
3. The defendant had a medical condition – such as GERD – that caused the breath test to show an inaccurately high result;
4. The defendant burped or threw up in the 15 minutes prior to the breath test; and/or
5. The police pulled over the defendant without reasonable suspicion.

Although DUI is usually a misdemeanor, the penalties can be very harsh. The typical sentence requires mandatory jail time, high fines, a driver’s license suspension / revocation, community service, and an ignition interlock device requirement.

Learn more about DUI (ARS 28-1381) crimes.