A .08+ DUI plus an Underage DUI count at Scottsdale City Court carried stacked DUI exposure plus a mandatory 2-year underage license suspension. Future First got the Underage DUI count dismissed entirely and reduced the .08+ DUI one tier to DUI Slightest Degree.
At a glance
| Court | Scottsdale City Court |
| Original charges | DUI with BAC of .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor; Underage DUI – Minor Operating with Liquor in Body (ARS § 4-244(34)), Class 1 Misdemeanor |
| Presumptive exposure | 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on counseling completion, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 plus 84 percent surcharges and assessments totaling over $2,000, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol screening and treatment, automatic driver license suspension, mandatory 2-year underage DUI license suspension that would have prevented the client from holding a valid license through early years of nursing school, significant insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and two permanent DUI convictions on the record |
| Result | State dismissed the Underage DUI count entirely (avoiding the mandatory 2-year underage license suspension); standard DUI amended one tier down from .08+ DUI to DUI Impaired to the Slightest Degree under ARS § 28-1381(A)(1); 1 day jail; counseling completed; MADD VIP; approximately $2,000 in fines and MVD fees; 12-month IID required |
| Eligibility for set aside | 2026 upon IID removal and program completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after IID removal, with the public-record imprint dropped from .08+ plus Underage DUI to a single Slightest Degree count |
The stakes
The client faced two Class 1 Misdemeanor counts in Scottsdale City Court: .08+ DUI under ARS § 28-1381(A)(2) plus Underage DUI under ARS § 4-244(34). Stacked convictions would have meant 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on counseling completion, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 plus 84 percent surcharges and assessments totaling over $2,000, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol screening and treatment, automatic driver license suspension, a mandatory 2-year underage DUI license suspension that would have prevented the client from holding a valid license through the early years of nursing school, significant insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and two permanent DUI convictions on the record.
What we did
Future First negotiated the case down by getting the Underage DUI count dismissed entirely, which avoided the mandatory 2-year underage license suspension, and reducing the standard DUI from .08+ to DUI Impaired to the Slightest Degree under ARS § 28-1381(A)(1). The client served 1 day jail, completed counseling, MADD VIP, and paid approximately $2,000 in fines and MVD fees, with a 12-month IID required. Set aside under ARS § 13-905 available 2026 upon IID removal and program completion. Arrest record sealing under ARS § 13-911 eligible approximately 2028, three years after IID removal, with the public-record imprint dropped from .08+ plus Underage DUI to a single Slightest Degree count.
What our clients say
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If you’re facing Underage DUI in Arizona
Arizona’s Underage DUI statute under ARS § 4-244(34) applies to drivers under 21 who operate a vehicle with any amount of alcohol in the body. The statute is a zero-tolerance provision. Any detectable alcohol level triggers the offense regardless of BAC reading or impairment evidence. The conviction carries a mandatory 2-year license suspension that begins on conviction and runs through young-adulthood years that affect college, job, and licensing trajectories.
Dismissing the Underage DUI count avoids the 2-year mandatory suspension entirely. For clients in licensure-dependent education tracks like nursing school, the suspension elimination is the single most consequential defense outcome on the case. The client maintains driving privileges through the program timeline without the 2-year forced gap.
Pairing the Underage DUI dismissal with a one-tier reduction on the standard DUI (.08+ to Slightest Degree) cleans up the record imprint and reduces the long-term consequences on the remaining DUI conviction.
Future First Criminal Law has handled Underage DUI cases with companion standard DUI counts across Maricopa County and Arizona. We know how Scottsdale City Court evaluates underage-DUI dismissal negotiations.
Related resources
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Set aside and sealing in Arizona — how to clean up your record after a DUI conviction
Call us
Facing Underage DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona DUI cases. The earlier we are involved, the more options you have.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona DUI law, visit the Arizona State Legislature website.