DUI in Phoenix: Underage Juvenile Drunk Driving Charge

Jackee Coe of the Arizona Republic had a recent story in which an anti-underage drinking coalition staged a mock Arizona DUI crash Buckeye.  

The Way Out West Coalition hosted the demonstration to raise awareness about the dangers of underage drinking and promote a social-host ordinance that took effect April 1. The ordinance holds adult enablers of underage drinking legally responsible.

The ordinance the article refers to is a statute that means:  

Adults who provide alcohol to minors will receive civil or criminal citations depending on the severity of the offense. The civil fines range from $250 to $1,500.  A "host presumption" provision states that adults who "knew or should have known" about the alcohol but didn't take appropriate steps to prevent it will be held accountable, even if they were not home at the time.

What would be very interesting is if there was an attempt at making adults responsible for underage drinkers who are found guilty of underage or juvenile dui.  That is because both the penalties and consequences for an underage Arizona DUI conviction are so harsh.

Under Arizona Revised Statute ARS 4-244(34), it is illegal for a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person's body. There is mandatory minimum punishment for violation of this statute.  But MVD will order a two year license suspension.  The judge has the power to order a restricted occupational permit for the driver with the installation of a ignition interlock device. 

While there is very little precedent in criminal law for holding a server, whether a commercial or social host, responsible for the actions of the consumer defendant, there is something analogous in civil law called "dram shop liability".   That means the person or establishment that over served a consumer can be responsible to a victim of that consumer's action as a result of the over serving.  For example, if a bar serves someone who is obviously drunk and that person then hurts someone in a drunk driving accident, that victim could then sue the bar for its negligence. 

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