The countdown to Super Bowl XLIX continues as throngs of fans head out to Super Bowl Central which has taken over about 12 blocks in downtown Phoenix. According to azcentral.com, Phoenix along with state liquor officials have approved public consumption of alcohol within an enclosed 9-block area of downtown Phoenix, enabling folks to enjoy the street festivities with a cocktail in hand. This is said to be the largest special event liquor license ever issued in downtown Phoenix and to ensure the safety of everyone, security will be extremely tight. Anyone wanting to consume alcohol in this area will be required to show their ID, wear wristbands, and stay within the 9-block perimeter which will be secured with temporary barricades. Officers from Phoenix Police Department, Maricopa County Sheriff’s Office (MCSO) and the AZ Department of Liquor License and Control will be conducting enforcement efforts and ticketing violators for drinking violations such as Minor in Consumption / Minor in Possession and Underage Drinking as well as any other criminal violations ranging from Disorderly Conduct, Assault, Weapon and Firearm Violations, and Drug Violations. There will also be increased DUI enforcement in and around Phoenix so if you do plan to consume alcohol, be sure to designate a sober driver or utilize taxi service, Uber, or the light rail to avoid the harsh consequences of a DUI charge in Arizona.

Some of the most common alcohol violations we see with large events around the valley include, Underage Drinking, Underage DUI, False ID and Minor in Consumption (MIC) / Minor in Possession (MIP) violations. Arizona has a “zero tolerance” law which prohibits anyone under the age of 21 to drive with any trace of alcohol in their system. If you are under the age of 21 and your blood alcohol content (BAC) is at or above .08%, you may also be charged with DUI in addition to Underage Drinking. The penalties for some of the common underage drinking violations are outlined here:

A.R.S. § 4-241L – (Fake ID) “A person who is under the legal drinking age and who misrepresents the person’s age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish spirituous liquor contrary to law is guilty of a class 1 misdemeanor.” The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

A.R.S. § 4-241M – “A person who is under the legal drinking age and who solicits another person to purchase, sell, give, serve or furnish spirituous liquor contrary to law is guilty of a class 3 misdemeanor.” The maximum punishment for a class 3 misdemeanor is up to 30 days in jail and a fine of up to $500.

A.R.S. § 4-244(34) – (Underage Drink and Drive) “It is unlawful…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.” The maximum punishment is up to 6 months in jail and a fine of up to $2,500.00

A.R.S. § 4-244(9) – (Minor in Consumption / Minor in Possession) “It is unlawful…for a person under the legal drinking age to buy, receive, have in the person’s possession or consume spirituous liquor…” The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

In addition to possible exposure to jail time and significant fines, underage drinking violations can also result in license suspensions of up to two years, probation, community work service, a criminal record and other unanticipated consequences. Before making any decisions in your case, it is critical to seek the advice of legal counsel to ensure you understand your legal options and the consequences of a conviction.

Mr. Buckallew is a Board Certified Specialist in Criminal Law and focuses his practice primarily on DUI and Criminal Defense in Phoenix and surrounding areas. He has significant experience in litigating all types of DUI and Underage Drinking violations, including Minor in Consumption / Minor in Possession, Fake ID, Underage Drink and Drive, 1st Time DUI, Extreme DUI, Felony DUI and any other criminal or DUI charge in the state of Arizona. Contact the Firm today for a free evaluation of your Phoenix DUI or criminal case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Tempe Underage Drinking Enforcement Campaign

According to recent reports by the AZ Republic, police have made 270 alcohol-related arrests as a result of Tempe’s Youth Alcohol Enforcement campaign targeting underage drinking and drunk driving. The Tempe Police Department, along with ASU Police and other state law enforcement agencies kicked off the campaign in an effort to reduce crimes often associated with alcohol and DUI violations, such as violence, disorderly conduct or disturbance of the peace (i.e. loud parties and gatherings) as well as injury or fatal auto collisions and other criminal violations. The crackdown included 184 underage drinking/minor in consumption arrests, 45 for possession of alcohol by a minor/minor in possession, nine for providing alcohol to minors, 17 DUI arrests, one aggravated DUI arrest, two DUI under 21 arrests, 22 loud party responses and the seizure of seven kegs. The enforcement campaign will conclude the first week of May, after ASU graduation ceremonies/parties and police will be highly visible in downtown Tempe and patrolling throughout the city during this time.

If you (or your child) have been charged with Underage Drinking, Minor in Possession/Minor in Consumption of Alcohol, Public Intoxication, False ID, DUI, Disorderly Conduct / Disturbing the Peace or any other violation related to Underage Drinking, you may be able to defend these charges in court. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with Underage Drinking/Underage DUI related violations can include, jail time, community work service, alcohol classes and treatment, license suspension, fees/fines, and even possible suspension or expulsion from school and/or athletic teams. Some of the legal factors a defense attorney will explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case. With a strong East Valley presence, the Firm has represented countless individuals, including many ASU students, who have been charged with criminal misdemeanor and alcohol related violations in Tempe and surrounding cities throughout the Valley. Contact the Firm today for a free evaluation of your case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Underage Drinking Arrests at Country Thunder

Country Thunder is an annual event held at Canyon Moon Ranch just east of Florence (Pinal County) – centrally located between Phoenix and Tucson. According to local news outlets (CBS5/AP), 189 people were arrested at this month’s Country Thunder music festival for underage drinking-related crimes. The Arizona Department of Liquor Licenses and Control officers worked with local law enforcement during the 4 day event as a result of ongoing problems at this event in years past. According to Liquor Control officers, many of the arrested underage drinkers had blood-alcohol levels more than twice the legal limit of .08 percent and the youngest person arrested was 15 years old. The violations for those arrested included, minor in possession of alcohol, using a fake ID to buy alcohol, or furnishing alcohol to a minor.

If you were arrested by the AZ Dept. of Liquor License/Control, Pinal County Sheriff’s Office (PCSO), Florence Police Department, or any other agency during Country Thunder, contact the Firm to arrange a free consultation regarding your case. Depending on the agency you were arrested by, your case will likely be heard in the Florence Justice Court – Precinct 1 in Florence, AZ. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with Underage Drinking/Underage DUI related violations can include, jail time, community work service, alcohol classes and treatment, license suspension, fees/fines, and even possible suspension or expulsion from school and/or athletic teams. Some of the legal factors a defense attorney will explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case.

The Firm has handled countless cases involving underage drinking, minor in possession/minor in consumption, furnishing alcohol to a minor, public intoxication, fake ID, as well as DUI/DWI cases and other alcohol related violations. Mr. Buckallew has a reputation for zealously representing each client and has a proven track record in successfully resolving cases. With a statewide practice, the Firm handles cases in Florence – Pinal County, Maricopa County and throughout the State of Arizona. Contact the Firm today for a free evaluation of your case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.