The Age for Legal Drinking in Arizona
When it comes to the legal drinking age in Arizona, it’s largely similar to those of other states. Unlike a number of southern states, there are no "partial" or "graduated" drinking ages that allow minors to purchase or consume alcohol if they have at least some parental approval.
The minimum drinking age in Arizona is 21 years old, for people of both genders and all circumstances. If you are not yet 21, you generally may not buy, handle, sell or consume beer, wine, spirits or any other beverage that requires a minimum age of 21.
There are two major exceptions to this, however. They are:
•Incidental exposure – If you go into a store whose business is primarily the sale of non-alcoholic items, you may be exposed to alcohol as part of the incidental sales of food and other items. This does not allow you on its own to purchase any alcoholic beverages, but you may be near them for browsing.
•Minors at licensed establishments – There are some circumstances where certain types of establishments are permitted to have people of various ages on the premises. For example , in some cases, minors are allowed in restaurants with certain types of licenses. If you are uncertain of the rules that concern your age group, you should check with the governance of the store or restaurant to understand what it may permit.
No matter what, the law prohibits vendors from the sale of alcohol to anyone they know to be under 21 years old, with the exception of bona fide religious ceremonies, private clubs and similar occasions. If a vendor sells alcohol to a minor, that vendor may be found guilty of a Class A misdemeanor under state law.
A major issue with minors and alcohol is the consumption of alcohol by young people under the age on their driver’s license. If a young person drinks alcohol and then drives, it can be a crime to do so. The same applies to just being physically in control of the vehicle while intoxicated, and even having an open container in the vehicle.
Legal Consequences for a Minor Found in Possession of Alcohol
The law regulates the consumption and possession of alcohol primarily through two statutes: Arizona Revised Statute § 4-244(9) and 4-244(10). Under these statutes, it is illegal for a person under the age of 21 to possess or consume any alcohol in the state of Arizona unless accompanied by a parent, guardian, or husband or wife who is at least 21 years old.
Violations of these statutes fall within a range of penalties depending on severity and specific circumstances of a case, including: A "minor" for this offense is defined by the law as a person younger than age 21. Exceptions to this prohibition include: If charged with a minor in possession of alcohol violation in Arizona, you should consult an experienced criminal defense attorney in Phoenix. It is vital that you know that many arrests result from illegal and invasive stops made by law enforcement. Illegal stops are one of the main ways a skilled attorney can help you in court. Any communication between police and the accused must be voluntary, so even if this is a minor in possession charge, it’s vital to be cautious when communicating with law enforcement officials.
Penalties for Minors Who Consume Alcohol
Minors caught drinking alcohol in Arizona face a number of potential legal problems. These can include civil and criminal consequences.
Minors may be penalized with a large fine, angry at school officials, be forced to lose professional sports eligibility, and even face jail time if they drink when they are not old enough. All of these penalties can affect not just immediate circumstances but future opportunities. Even when an underage drinker is not charged with any crimes, they may be required to undergo education about alcohol and its consequences. Even if a minor is found not guilty in criminal court, they may still face consequences both at work and at school.
Civil Penalties Under Arizona state law, not just the individual who provides the alcohol, but parent or guardian may be charged and fined up to $500 for minors possessing alcohol. When faced with that legal threat, many people will not reconsider providing alcohol to a minor. Simply put, the threat of a civil penalty may not be enough to deter minors from sneaking too many beers.
Criminal Penalties If an underage drinker is caught drunk driving, they may be charged with a misdemeanor. If the motorist is seriously injured while the driver has been drinking, the drunk driver will be charged with a felony. This applies to any number of infractions including being visibly intoxicated at work, drunk driving, fights while intoxicated, or even having open containers in a motor vehicle. The penalties for these criminal charges are outrageously high, including:
In extreme cases, repeat offenders may even be sentenced to prison time. Convicted felons lose the right to vote in Arizona.
Additional Effects As mentioned above, a minor may be required to undergo alcohol education and prevention education programs following a MINOR in POSSESSION (MIP) charge. This can cause minors who have already been charged with a major criminal offense to be deprived of all of their rights and privileges. Drinking may have a damaging impact on an adolescent’s time at school. A minor may face suspension or be expelled, to the exclusion from all school-associated activities. Additionally, minors may lose any chance at playing sports in high school.
Possible Prosecution of Parents Regarding Their Child’s Unlawful Consumption of Alcohol
Under Arizona law, a parent can be held legally responsible for their minor child’s actions if the minor was drinking alcohol, either by having supplied the alcohol or by allowing their minor child to have it.
Section 4-244 (6) of the Arizona Revised Statutes makes it illegal for anyone to sell or furnish alcohol to a person under the age of twenty-one. If a parent sells or gives their minor child alcohol, they could be charged with a Class 1 Misdemeanor. For such a crime to occur there is no requirement that the parent actually witness the minor consuming alcohol, only that the parents furnished it.
Sometimes, rather than charge the parent with a crime, the State may pursue a civil liability against the parent. A civil claim is a lawsuit a person brings against another person, who they feel caused them harm. If the court finds the defendant in the civil case (the parent), then the parent is ordered to pay a certain amount of money to the person who sued them.
In a 2003 case from the Arizona Court of Appeals Division One, State of Arizona v. Bradley, the parents were held liable after their 20-year-old son was killed in a car accident . Their son had gone to a party hosted at their house, where he and three others drank alcohol. Upon leaving the party after consuming 20 beers and five shots of liquor, their son crashed his car resulting in his death.
The other individuals present saw that their friend had been drinking, but since he had not been driving his father’s car, they did not believe that the father had done anything wrong. However, the father was found to be civilly responsible because he allowed the drinking to occur in his home when he should have known better.
For a parent to be responsible for their minor child’s drinking, there must be evidence that the parent allowed minors to drink alcohol on his or her property and that the minor’s drinking on the property caused harm to someone. In this case, the harm was the death of Mr. Bradley.
In this case the State asserted that the father was negligent for: Parents should be aware that even in passing, allowing drinking, especially to someone who is a minor, can take away their right to be excused from liability.
How Arizona Regulates Alcohol Compared to Other States
In comparison to other states, Arizona’s drinking laws for minors are more lenient in areas such as purchase, but remain stringent when it comes to possession and consumption. Most other states permit exceptions for on-premise circumstances, such as consumption in limited areas of bars and restaurants, which is not allowed in Arizona. Similarly, all 50 states have minimum age requirements for both distribution and service of alcohol, whereas Arizona allows individuals over 19 years old to sell both beer and wine. While these variations reflect a national trend toward relaxing certain drinking laws, differences across the country largely lie in how the state manages the laws in practice.
In Arizona, enforcement has been called into question, but this has been evolving over the last few years. For example, SB1460 was passed in 2007, providing more supervision over alcohol trafficking and underage drinking. This was just one of multiple legislative attempts to tighten restrictions in Arizona, which serves as an example of the overall trend toward stricter enforcement that is taking place nationally.
Youth and Parent Education Programs
The state of Arizona, as well as many local communities within its boundaries, has maintained a distinct focus on the prevention of underage drinking. As such, there are a number of programs and initiatives implemented to reduce the risk for minors in this regard:
State Initiatives
In the summer months, the Arizona Department of Health Services employs a number of strict measures to eliminate underage drinking in the state. In June, the Department engages in an educational campaign through the statewide "Don’t Drink and Boat" initiative, to warn minors of the dangers of legal consumption of alcohol while out on the water.
In July, the Department partners with local law enforcement agencies in a special "NOt Our NaTion" initiative, which seeks to deter underage drinking by targeting retailers throughout the state that continue to sell alcohol to minors.
And during the month of August , Arizona law enforcement and health agencies work closely to warn the public about the dangers of drunk driving, with campaigns that encourage the use of a designated driver as well as the safe storage of vehicular keys.
Community Initiatives
Aside from the initiatives that are actively implemented at the state level, a few individual communities within Arizona have engaged in some other specific programs to reduce the risk of underage drinking. For example, the city of Tempe runs a special "Underage Drinking Task Force" that allows local law enforcement officers to set up "shoulder taps," using youth under the age of 21 to request alcohol purchases from retailers. When the stores agree, the minor "tips off" the officer, allowing for the arrest of the offending vendor.
