Driving

UPDATE 9/1/01 - the legal limit for alcohol in your system (blood alcohol content) to be considered DUI has been lowered from .10 to .08 in Arizona. Although it is illegal for you to drink if you are not 21 years of age, this new law lowers the threshold for being legally drunk while driving. There are very serious consequences to drinking and driving...

If you are under 18 years old, you are considered a minor or a juvenile. If you are a juvenile and arrested and convicted for driving under the influence of alcohol or drugs this is what will happen:

1. You will be incarcerated for 24 hours in a juvenile detention center or the Arizona Department of Juvenile Corrections for a first time DUI.

2. Your drivers license or privileges will be suspended for two(2) years.

3. You must pay a fine of at least $100 and not more than $500 plus surcharges.

4. You must undergo mandatory drug and alcohol screening, education and treatment and pay all the costs. Your parent or guardian may also be ordered to pay the costs.

5. You may be ordered to perform at least 80 hours of community service.

6. The DUI conviction will remain on your drivers license record for 60 months.

If you commit a second DUI violation within 60 months you will be:

1. Locked up for 30 days in a juvenile detention center or the Arizona Department of Juvenile Corrections.

2. All fines, penalties and mandatory testing are applied as in a first offense.

If you commit a 3rd DUI offense within 60 months, you are now guilty of Aggravated DUI and the penalty includes:

Locked up for a minimum of 4 months and all fines, penalties and mandatory testing apply.

If you commit a 4th DUI offense within 60 months, you will be:

Locked up for a minimum of 8 months and all fines, penalties and mandatory testing apply.

If you are a juvenile and commit a DUI while you are driving on a canceled, suspended, revoked or refused drivers license any prior offense or on a restricted license for a prior DUI, you are guilty of a class 4 felony. The punishment is the same as though you had a prior two(2) DUIs and this the 3rd DUI, meaning that you may spend up to 4 months in lockup.

If you are a juvenile and commit a DUI while you are driving on a license that has been cancelled, suspended, revoked, or restricted for a prior DUI, you are guilty of a class 4 felony. You will spend 30 days in a juvenile detention center or incarcerated at the Arizona Department of Juvenile Corrections. You will also receive a chronic offender notice.

This law applies to anyone who gets their permit or driver’s license after June 30, 2008.

See the Motor Vehicle Division for specific information on these new laws.

Graduated Instruction Permit (A.R.S. § 28-3154)

Requirements

· Teen is at least 15 years and 6 months old AND

· Passes all parts of the exam other than the driving test for D or G licenses

Rules

· The permit driver can drive on the public highways for 12 months if

o The driver has the permit with him or her AND

o The driver is with a person who is at least 21(with a valid license) and is in the front seat next to the driver.

Class G (Graduated) Driver’s License (A.R.S. § 28-3174)

Requirement

· Driver is at least 16, but less than 18 years old and meets the other MVD requirements.

Rules for the first six months (A.R.S. § 28-3174 (D), (E) and (F))

· The driver cannot drive on a public highway between 12:00 a.m. and 5:00 a.m. unless:

o The driver is with a parent or legal guardian (with a valid license) who is in the front seat next to the driver.

o The driver is driving directly to or from a school sponsored activity, employment, a sanctioned religious activity, or a family emergency

· The driver cannot drive on a public highway at any time with more than one passenger under the age of 18, unless:

o The passenger’s are the driver’s siblings

o The driver is with a parent or legal guardian (with a valid license) who is in the front seat next to the driver.

· The driver can only be stopped if the peace officer has reasonable cause to believe that the driver is violating a motor vehicle law of Arizona other than this one.

Consequences (A.R.S. § 28-3174 (G))

· First violation

o maximum penalty of $75

o Rules are extended for 30 extra days

· Second violation

o Maximum penalty of $100

o Rules extended for 60 extra days, but 30 days for the first violation may be added on for a total of 90 days.

· Third violation

o Maximum penalty of $100

o Suspended license for 30 days

o If the driver already has a suspended license for a moving violation or traffic offense then the 30 days is added on to the suspension.

Class M (Motorcycle) Instruction Permit (A.R.S. § 28-3156)

Requirement

· Teen is at least 15 years and 6 months old AND

· Passes all parts of the exam other than the motorcycle skill test and all MVD requirements.

Rules

· Can drive a motorcycle when the permit driver has the class M permit

· The permit is valid for 7 months

· Cannot drive a motorcycle

o On a controlled access highway (A.R.S. § 28-601)

o On a public highway from sunset to sunrise or when there is not enough light out to clearly see a person and a vehicle on the highway at 500 feet away.

Class M (Motorcycle) Driver’s License

Requirements

· Driver is at least 16 and meets all of the MVD requirements.

If you are under 21 years of age and are in possession of an alcoholic substance, you can be found guilty of a class 1 misdemeanor. If you are under 21 years of age, it is against the law to drive or be in physical control of a motor vehicle while there is any spirituous liquor in your body (A.R.S. § 4-244(34)).

A person under 21 years old who asks someone else to purchase, sell or furnish them with alcohol is guilty of a class 3 misdemeanor and could receive a penalty of a maximum of 30 days in jail, a $500 fine plus surcharges (A.R.S. § 13-802) and suspension of a drivers license or permit (A.R.S. § 4-241(D))

A person under 21 years old who uses false identification to buy or be furnished with alcohol is guilty of a class 1 misdemeanor and could receive a penalty of 6 months in jail and a $2,500 fine plus surcharges (A.R.S. § 13-707) including suspension of a drivers license or permit (A.R.S. § 4-241(C),(E))