Potential Penalties for Underage Drinking and Driving, ARS 4-244(34).
Per 4-246(B), underage drinking and driving is a class 1 misdemeanor. As a class one misdemeanor, it carries up to 180 days in jail, $4,575 in fines and surcharges, and 3 years of probation. In addition, the Judge has discretion to order additional penalties like alcohol class, counseling, impact panels, community service, and restitution.
Underage DUI is different than other DUI offenses because there’s no mandatory jail. The judge may sentence you anywhere from 0 to 180 days. Unfortunately, this specific statute carries a two-year mandatory license suspension. This is an extremely harsh and inconvenient consequence compared to other DUI charges that carry 90-day suspensions.
Despite this harsh consequence, the Judge has discretion to order MVD to provide you with a special restricted license—also known as a SIIRDL. This restricted license allows you to drive to work and school during the suspension. With the restricted license, however, your car must have an ignition interlock installed. This requires paying an interlock company to install and maintain the device for two years.
The Special Restricted Driver’s License for Work and School: SIIRDL.
Upon motion brought by your criminal defense attorney, the judge can order MVD to issue a special restricted driver’s license. This minimizes the negative impact of the two-year suspension by allowing you to drive to work and school.
This restricted ignition interlock license is not required by MVD; it’s also not credited towards any ignition interlock time required by a DUI conviction. Thus, in some cases, you could have an interlock on your car for more than two years.
When applying for the restricted license, you must provide the following to MVD: a court abstract reflecting that a restricted license was ordered by the judge; installation verification from an interlock company; completion of court-ordered alcohol treatment programs; and, a certificate of auto liability insurance known as SR22 insurance.