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The Molina Law Group PLLC

How an Attorney Can Assist With Underage DUI Arrests in Tempe

  • Published: July 10, 2024

Imagine receiving a late-night call informing you that your child has been arrested for DUI in Tempe. The shock, fear, and confusion are overwhelming. An underage DUI arrest can have severe consequences that extend far beyond the initial incident, impacting your child’s future education, employment opportunities, and personal life.

At The Molina Law Group, PLLC, we understand that facing an underage DUI arrest can be an overwhelming experience, filled with uncertainty and anxiety about the future. Mr. Molina understands the legal system and knows how to provide the guidance and representation you need to navigate these issues. With our comprehensive knowledge and unwavering commitment, we will defend your child’ rights and secure the best possible outcome for your case. Contact us today to discuss your options with a DUI defense lawyer in Tempe.

Understanding Underage DUI Laws in Tempe

Arizona’s strict DUI laws include a specific provision for drivers under 21, known as the “Not-a-Drop” or “Baby DUI” law.

This law prohibits underage people from driving with any measurable amount of alcohol in their system. Differing from adult DUI regulations that hinge on blood alcohol concentration (BAC) levels, the “Not-a-Drop” law enforces a zero-tolerance approach for alcohol consumption by younger drivers.

An underage DUI in Arizona is treated as a Class 1 misdemeanor and can result in:

  • Six months in jail
  • Fine of up to $2,500
  • Community service
  • Drug and alcohol testing and treatment

In addition to these penalties, an underage DUI conviction can result in a mandatory suspension of the offender’s driver’s license.

How Can Our Tempe DUI Defense Lawyer Help You?

Initial Consultation and Case Evaluation

During the initial consultation, we take the time to listen to your account of the events leading up to and following the arrest. We gather all pertinent details, including police reports, witness statements, and other available evidence. Our goal is to gain a comprehensive understanding of your case so that we can identify the most effective defense strategies. We ensure that you and your family understand the charges, the legal process, and the potential outcomes, providing clarity and peace of mind during a stressful period.

Legal Guidance and Explanation of Charges

Understanding the legal landscape surrounding an underage DUI charge can be overwhelming. Our DUI defense lawyer in Tempe will explain the charges in clear and straightforward terms. From arraignment to pre-trial motions and, if necessary, trial, we ensure you are fully informed and prepared. Our team is always available to answer questions and address concerns, providing the support and guidance you need to make informed decisions.

Investigation and Evidence Collection

A critical component of our defense strategy involves an investigation into the circumstances of your arrest. We scrutinize the procedures followed by law enforcement, the accuracy of breathalyzer tests, and the legality of the traffic stop. Our team will identify any inconsistencies or procedural errors that could weaken the prosecution’s case.

Development of a Defense Strategy

Every case is unique, and our team will tailor a defense strategy specific to the facts of your situation. By leveraging our extensive knowledge and experience, we aim to present the most compelling case possible in your favor. We will explore various defense avenues, from questioning the validity of the evidence to highlighting any violations of your rights during the arrest process. Our proactive approach ensures that we are always a step ahead, ready to counter any challenges.

Negotiation and Plea Bargains

In some cases, negotiating a plea bargain may be in your best interest. Edwin Molina is a skilled negotiator who can work with the prosecution to reduce charges, minimize penalties, or potentially dismiss the case altogether. We will provide qualified advice on whether accepting a plea deal is a viable option for you – but the final decision to take one is always up to you.

Representation in Court

If your case proceeds to trial, you can rely on The Molina Law Group to provide robust representation in court. Mr. Molina is a seasoned litigator who will advocate vigorously on your behalf and present a well-prepared and coherent defense.

Legal Defenses Against Underage DUI Charges

At The Molina Law Group, we leave no stone unturned in our legal defense process, employing various strategies to protect the rights and futures of young clients facing underage DUI charges.

Challenging the Traffic Stop and Arrest Procedure

A crucial part of our defense is scrutinizing the legality of the traffic stop. Law enforcement must have “reasonable suspicion” to initiate a stop. If the stop was improper, any evidence obtained might be inadmissible. Our team will review the circumstances of the stop and arrest for any procedural errors or rights violations. Improper actions by police can lead us to file motions to suppress evidence, significantly weakening the prosecution’s case.

Questioning the Accuracy and Administration of Tests

Breathalyzer and field sobriety tests are not always accurate. Breathalyzers must be correctly calibrated and maintained, while field sobriety tests are subjective and influenced by factors like medical conditions, fatigue, or anxiety. We challenge the accuracy and administration of these tests by examining calibration records, officer training, and potential external factors affecting the results. This can cast doubt on the reliability of the prosecution’s evidence.

Exploring Alternative Explanations for BAC Levels

Various factors can affect BAC levels beyond alcohol consumption, such as medical conditions, medications, and dietary choices. Conditions like gastroesophageal reflux disease can elevate BAC readings. Mr. Molina will explore these explanations to potentially create reasonable doubt and challenge the prosecution’s case.

Leveraging Procedural Errors or Rights Violations

Procedural errors and constitutional violations during an arrest can provide substantial defense grounds. Law enforcement must follow strict protocols and respect individual rights during stops and arrests. Deviations can lead to evidence exclusion. We meticulously review arrest details to identify errors or rights violations, such as failing to read Miranda rights or mishandling evidence. By leveraging these issues, we aim to exclude improperly obtained evidence, thereby weakening the prosecution’s case.

Contact a Tempe DUI Defense Lawyer Today

Facing an underage DUI charge is a serious matter that requires experienced and dedicated legal representation. The Molina Law Group is committed to providing the highest level of legal support, guiding you through the complexities of the legal system, and fighting for the best possible outcome. Our proactive defense strategies, thorough examination of evidence, and unwavering commitment to your case can make all the difference. If you or a loved one is facing an underage DUI charge in Tempe, contact us at (602) 718-1249 today for a comprehensive consultation. You can also schedule a free 30-minute consultation online.

Edwin A. Molina III

The Molina Law Group focuses on two
areas of law; Criminal Defense and Personal
Injury - Call Us Now - (602) 718-1249