Underage DUI

July 20, 2015

3 Ways Arizona Underage DUI Accident can Impact Minors and their Parents

Your Guide to Understanding Consequences of DUI with Accidents; and Unforeseen Parental Liability Actions

In a tragic turn of events, Phoenix police reported that a 14-year-old boy, driving a mid-size sedan, allegedly under the influence, sped through a red light signal and crashed into an SUV.

The SUV was carrying three people, a man, his girlfriend and his girlfriend’s three-year-old daughter.

The toddler was thrown from the SUV and sustained life threatening injuries. The man suffered head and lung injuries.

The man’s girlfriend, a passenger in the SUV is listed in stable condition but still in the hospital late last week.

The 14-year-old driver of the sedan that ran the red light signal, and his 17- year-old passenger whom the police report were under the influence of alcohol both suffered minor injuries.

It is unclear who owned the sedan driven by the 14-year-old was driving.

The driver was later taken to the Juvenile Court Center. The 17-year-old passenger was released to his family.

The 14-year-old has reportedly since been charged as an adult, and faces 4 counts of aggravated assault with a deadly weapon.

According to Maricopa County Prosecutor and Court records, the decision to prosecute the youth as an adult was based on the severity of the accident and victim’s injuries.

A secured release bond was ordered by the judge for $100,000.00, and the next court date set.

June 10, 2012

Arizona tops the nation minor consumption of alcohol and Binge Drinking

by James E. Novak, P.L.L.C.

On June 8, 2012, the US Department of Human Services Centers for Disease Control and Prevention (CDC) survey results. According to Youth Risk Behavior Surveillance Summaries 2011 report, Arizona topped the nation at #1 with 26.5% for high school students who engaged and alcohol “binge drinking”. Arizona dropped to the number #2 spot for with 43.8 % of high school students admitting to current use of alcohol (just shy of Louisiana at 44.4%.)

Binge Drinking

Binge drinking is consuming 4 to 5 alcoholic beverages, or “shots” in a row, within a short period of time. One drink is considered a 12 ounce bottle of beer; 3 to 5 oz. of wine; or 1 to 1.5 oz. of 80-86 proof liquor. If any of these or any combination of these are consumed within a short time for example within one or two hours, a person is considered to be binge drinking.

Hazards of minor consumption of Alcohol and Binge Drinking

Binge drinking is the number one cause of alcohol poisoning which can cause serious injury, disease, liver failure, and even fatality. Other hazards include DUI and/or serious and fatal auto collisions if a person is a passenger in the vehicle of another driver who is driving drunk.

Underage DUI and Minor Consumption Zero Tolerance Laws
Arizona is considered to be a “0” tolerance state, meaning it is unlawful for a person to be found with any amount of alcohol in their body, whether they are impaired or not. There are a few exceptions under safe supervised conditions such as religious exercises, or medicinal purposes.
• A.R.S. § 4-244. 41. It is unlawful to drinking spirituous liquor under age 21;
• A.R.S. § 28-1381 A. (1). It is unlawful to drive if you are “impaired to the slightest degree” due to drugs or alcohol;
• A.R.S. § 28-1381 A. (2). If the person is under twenty-one years of age, with spirituous liquor in the person’s body;
• A.R.S. § 4-244. 34. It is unlawful for a person under age 21 years of age to drive or be in physical control of a motor vehicle if any amount of liquor has been consumed and found in a person’s body;
• A.R.S. § 28-1381 B (1) is against the law to drive with a Blood Alcohol Content (BAC) of 0.08% or greater;
• A.R.S. § 4- 241. It is unlawful for a person to buy, sell, give, or distribute liquor to a person under age 21.

Penalties for Underage Minor Consumption and Underage DUI Charges Tempe AZ

• 2 year driver’s license suspension or denial;
• Jail Term;
• Probation;
• Fines up to $500.00;
• Community Service;
• Alcohol education and counseling;
• Installation of ignition interlock device on vehicle

Minor Consumption – Underage DUI charges defense Tempe AZ

If you face charges for minor consumption or underage DUI, you should consult a criminal defense attorney before pleading guilty. There may be defenses you are not aware of that can help you save your driving privileges, avoid jail, or other favorable outcome in your case.

Resource Links:

http://goo.gl/ry4Yr
http://goo.gl/6MHYu

March 20, 2012

Binge Drinking and DUI: Binge drinking is the number 1 cause of alcohol poisoning in underage 21 drinkers. Learn how to avoid it; signs, symptoms; and how to save lives.

by James E. Novak, P.L.L.C.

“How to avoid alcohol poisoning and DUI charges.”

Binge Drinking is the number one cause of Alcohol Poisoning. It has more to do with how fast you drink, than how much. Medical Sources define “Binge Drinking” as downing 4 to 5 drinks in a quickly, in a row. If you drink the same amount at a rate of no more than one an hour; you may still be arrested for DUI; but you will significantly reduce your risk of suffering from alcohol poisoning. The age group most vulnerable to binge drinking is 16 to 25, with a majority underage 21 drinkers. Many are unaware of the consequences of an Arizona DUI conviction, or dangers of binge drinking.
“What is a Drink?”

One drink is equal to:

• 12 ounces of beer;
• 3 to 5 ounces of wine;
• 1 ounce to 1.5 ounces of 80-86 proof distilled liquor
How Liquor is Metabolized

Alcohol (Ethanol) is processed by the body’s liver. It takes about one hour for the body to process or metabolize a drink of liquor or Ethanol (drinking alcohol). Other factors besides speed at which a person drinks; amount and type of alcohol include speed of metabolism; food consumption; height; weight, age, tolerance, other medications. Alcohol will continue to be released into the bloodstream, after a person finishes a drink, no matter how fast a person is drinking. Subsequently, the level of alcohol in the body (BAC) will continue to rise, even though they are not actively drinking.

Symptoms of Alcohol Poisoning

Classic symptoms of alcohol poisoning may include:

• Seizures;
• Slow or irregular breathing;
• Pale or bluish skin;
• Low body temperature;
• Hypothermia;
• Confusion;
• Severe dizziness;
• Vomiting;
• Passing out or unconsciousness

What to Do if You See Signs of Alcohol Poisoning

• If the person is conscious – And demonstrating two or more signs above, call your local poison control center or 800-222-1222 (within the U.S.A.) or visit the official website at http://www.poison.org ; or
• Call Local hospital E.R, or urgent care facility;
• Be prepared to tell the urgent care or poison control operator the location of the person; how much; what they drank;, and when they drank;
• If a person is unconscious – call 911 or your local emergency number immediately;
• Never Leave an unconscious person alone; Don’t assume they will sleep it off. If they are suffering from alcohol poisoning, it could be fatal.

Even if a person does not demonstrate any of the above classic signs and symptoms you should contact poison control or #911 if they become unconscious.

Tips to Avoiding Binge Drinking (If you are going to drink)

1) Know how much you can safely drink;
2) Know the type of liquor you are drinking and it’s proof;
3) If you are going to drink, make sure you eat either before or while drinking;
4) Decide in advance how much you can safely drink and do not exceed that amount;
5) If you are on any medications, consult your doctor before drinking alcohol

Tips to Avoiding Getting a DUI (If you are going to drink)
1) Appoint a Designated Driver before you go out;
2) Select someone who you can trust or depend on, to call if you drink to too much and need a ride home. Make sure that person agrees in advance, and let them know you will be drinking and make sure they will be available if needed to drive you home;
3) If your friends ask you to give them your car keys because they think you have had too much to drink, don’t argue, give them the keys;
4) Call a taxi cab; Pick up your vehicle when you can safely drive ( 24-48 hours later.)
5) Don’t drink and drive.

Underage 21 DUI Charges Tempe AZ
You should always carry the contact information of a DUI or criminal defense attorney with you. If you are arrested for DUI, you should consult them as soon as possible. You should not plead guilty to DUI before you discuss your matter with a qualified criminal attorney. The consequences for DUI convictions in Arizona are severe and include jail time, suspension or denial of driver’s license; ignition interlock device on your vehicle; alcohol or drug education screening and counseling, and other penalties ordered by the court. If retained your criminal defense attorney will defend your charges; guide you through the criminal case stages and work to get you the best resolution possible in your case.