Alcohol

Alcohol

Under Arizona Law, A.R.S. § 4-244 (9), it is illegal for a person under the age of twenty-one (21) to possess or consume alcohol. This law is commonly referred to as “minor in possession” or “M.I.P.” Possession can mean having the alcoholic beverage in your hand or exercising control over the alcoholic beverage (e.g., if the person has the alcoholic beverage in their backpack, purse, pocket, locker, or vehicle). A person under the legal drinking age can be charged for M.I.P. even when the alcoholic beverage is unopened because the law makes it illegal to buy or receive an alcoholic beverage,

 

Q: What happens if I go into a store or bar to buy some alcohol?

A: Be prepared to show proof of your age. If you are under the legal drinking age and you misrepresent your age to any person to get them to sell or give you alcohol, you may be charged with a class 1 misdemeanor (A.R.S. §4-241(L)).

 

Q: What if I don’t buy the alcohol myself?

A: If you are under the legal drinking age and you ask someone to buy or give you alcohol, you may be charged with a class 3 misdemeanor (A.R.S. §4-241(M)), and the person buying or giving you the alcohol may be charged with a class 1 misdemeanor (A.R.S. §4-241(P)).

 

Q: What if I am at party where alcohol is being served?

A: If you are eighteen (18) years of age or older and host a party where anyone under the legal drinking age is in possession of or consuming alcohol, you may be charged with a class 1 misdemeanor (A.R.S. §4-241(Q)).

 

Q: What happens if I use a fake ID?

A: If you are convicted of using a fake ID or license (A.R.S. §4-241(L) or (N)), Arizona will suspend your driver license / state ID or you will be denied the right to apply for a driver license / state ID for up to six months for a first conviction and twelve months for a second or subsequent conviction (A.R.S. §28-3309(A)-(B)).  

 

Q: What does the law say about adults drinking alcohol and driving who are not yet 21?

A: It is illegal for a person under 21 to drive or be in physical control of a motor vehicle while there is any alcohol in their body (A.R.S §4-244(34) and A.R.S §28-1381 et seq.). If you are 18, 19 or 20 years of age and convicted of A.R.S §4-244(34), Arizona will suspend your driver license or privilege to drive or refuse to issue a driver license for two years (A.R.S. §28-3322).

 

Q: What if I am hanging out with my friends drinking alcohol and driving a jet ski or boat?

A: It is illegal for a person under 21 to operate or be in physical control of a motorized watercraft that is not at anchor or aground while there is any alcohol in their body ((A.R.S §4-244(35) and A.R.S §5-395 et seq.).

 

Laws may have changed since the last time this article was updated.  The current and most up-to-date laws can be accessed here.