The Commander's Corner

Possession and use of marijuana is either a felony or a misdemeanor. Possession of marijuana that you intend to sell is a felony. Possession and use of marijuana can result in probation, attending classes on the harmful effects of drugs, and performing community service. (ARS 13-3405). You may also lose your driving privileges.

An adjudication on a marijuana charge goes on your record and can follow you throughout your life. For example, a candidate for a U.S. Supreme Court appointment was disqualified after admitting he had used marijuana as a student.

Is is against the law for a person under the legal drinking age (which is 21) to buy, receive, have in possession, or consume alcohol.(ARS 4-244).

If you have or use alcohol when you are under the age of 21, you may be put on probation, have your driving privileges suspended, or pay fines or damages.

If you are under 21 years of age and are in possession of an alcoholic substance, you can be found guilty of a class 1 misdemeanor. If you are under 21 years of age, it is against the law to drive or be in physical control of a motor vehicle while there is any spirituous liquor in your body (A.R.S. § 4-244(34)).

A person under 21 years old who asks someone else to purchase, sell or furnish them with alcohol is guilty of a class 3 misdemeanor and could receive a penalty of a maximum of 30 days in jail, a $500 fine plus surcharges (A.R.S. § 13-802) and suspension of a drivers license or permit (A.R.S. § 4-241(D))

A person under 21 years old who uses false identification to buy or be furnished with alcohol is guilty of a class 1 misdemeanor and could receive a penalty of 6 months in jail and a $2,500 fine plus surcharges (A.R.S. § 13-707) including suspension of a drivers license or permit (A.R.S. § 4-241(C),(E))

UPDATE 9/1/01 - the legal limit for alcohol in your system (blood alcohol content) to be considered DUI has just been lowered from .10 to .08 in Arizona. Although it is illegal for you to drink if you are not 21 years of age, this new law lowers the threshold for being legally drunk while driving. There are very serious consequences to drinking and driving...

If you are under 18 years old, you are considered a minor or a juvenile. If you are a juvenile and arrested and convicted for driving under the influence of alcohol or drugs this is what will happen:

1. You will be incarcerated for 24 hours in a juvenile detention center or the Arizona Department of Juvenile Corrections for a first time DUI.

2. Your drivers license or privileges will be suspended for two(2) years.

3. You must pay a fine of at least $100 and not more than $500 plus surcharges.

4. You must undergo mandatory drug and alcohol screening, education and treatment and pay all the costs. Your parent or guardian may also be ordered to pay the costs.

5. You may be ordered to perform at least 80 hours of community service.

6. The DUI conviction will remain on your drivers license record for 60 months.

If you commit a second DUI violation within 60 months you will be:

1. Locked up for 30 days in a juvenile detention center or the Arizona Department of Juvenile Corrections.

2. All fines, penalties and mandatory testing are applied as in a first offense.

If you commit a 3rd DUI offense within 60 months, you are now guilty of Aggravated DUI and the penalty includes:

Locked up for a minimum of 4 months and all fines, penalties and mandatory testing apply.

If you commit a 4th DUI offense within 60 months, you will be:

Locked up for a minimum of 8 months and all fines, penalties and mandatory testing apply.

If you are a juvenile and commit a DUI while you are driving on a cancelled, suspended, revoked or refused drivers license any prior offense or on a restricted license for a prior DUI, you are guilty of a class 4 felony. The punishment is the same as though you had a prior two(2) DUI's and this the 3rd DUI, meaning that you may spend up to 4 months in lockup.

If you are a juvenile and commit a DUI while you are driving on a license that has been cancelled, suspended, revoked, or restricted for a prior DUI, you are guilty of a class 4 felony. You will spend 30 days in a juvenile detention center or incarcerated at the Arizona Department of Juvenile Corrections. You will also receive a chronic offender notice.

Huffing is against the law. It is against the law to knowingly breathe, inhale, or drink a vapor-releasing toxic substance. Common things that fit this definition are glue, spray paint, gasoline, etc.

There are regulations regarding the sale of inhalants. Using or selling these substances is regarded as a class 5 felony or a class 1 misdemeanor depending on the seriousness of the offense. (ARS 13-3403).

Incorrigibility means the breaking of rules or laws that usually don’t apply to adults, behaving in a manner that that could endanger self or others, and refusing to obey the reasonable orders or directions of parents and guardians. Incorrigible actions include missing school, running away, and using tobacco and alcohol. (ARS 8-201). There are several possible outcomes for incorrigibility. These include being put on probation, having driving privileges suspended, paying fines for damages (sometimes called restitution) (ARS 8-323)

Any person who knowingly sells or gives tobacco products to minors is guilty of a petty offense.  Any minor who has tobacco in his or her possession is guilty of an incorrigible act.  (ARS 13-3622). 

Tobacco products are defined as cigars, cigarettes, or cigarette papers, and smoking or chewing tobacco. (ARS 13-3622) So if you are under the age of 18 you should not have any of these items. If you do, you are guilty of an incorrigible act.

In addition to this, smoking tobacco in locations such as elevators, busses, libraries, museums, and health care institutions is considered a public nuisance and dangerous to public health.  An adult guilty of such acts would be charged with a petty offense, while a minor would be charged with a delinquent act.  (ARS 36-601.01). 

What about at school?

Using or possessing tobacco products on school grounds (buildings, parking lots, fields, and vehicles) or at off campus school sponsored events is a petty offense for adults and a delinquent act for minors.  (ARS 36-798.03).  The law does not apply to adults using tobacco products as a part of a tobacco prevention or cessation program.  (ARS 36-798.03).

Arizona law classifies methamphetamine as a dangerous drug (A.R.S. §13-3401) and makes it a crime to knowingly use, possess, buy, sell, transport, or manufacture. It is also a crime to possess the equipment or chemicals to manufacture Methamphetamine. (A.R.S. §13-3407). The criminal penalties for violation of the laws are harsh and include significant prison time and fines. (A.R.S. §13-712).

Any person who knowingly sells or gives tobacco products to minors is guilty of a petty offense.  Any minor who has tobacco in his or her possession is guilty of an incorrigible act.  (ARS 13-3622). 

Tobacco products are defined as cigars, cigarettes, or cigarette papers, and smoking or chewing tobacco. (ARS 13-3622) So if you are under the age of 18 you should not have any of these items. If you do, you are guilty of an incorrigible act.

In addition to this, smoking tobacco in locations such as elevators, busses, libraries, museums, and health care institutions is considered a public nuisance and dangerous to public health.  An adult guilty of such acts would be charged with a petty offense, while a minor would be charged with a delinquent act.  (ARS 36-601.01). 

What about at school?

Using or possessing tobacco products on school grounds (buildings, parking lots, fields, and vehicles) or at off campus school sponsored events is a petty offense for adults and a delinquent act for minors.  (ARS 36-798.03).  The law does not apply to adults using tobacco products as a part of a tobacco prevention or cessation program.  (ARS 36-798.03).

It is against the law for anyone between the ages of six and sixteen to not attend school. However, there are some exceptions through excused absences, home school, etc. Even if you miss just one class period without an excuse, you are considered truant.

If you miss school a lot (5 days, unexcused) you are considered to be habitually truant (ARS 15-803).  An attendance officer can enforce this law. The officer can give you a ticket requiring you and a parent to appear before an official of the court. (ARS 15-805)  If you are habitually truant you could be put on probation, have your driver’s license taken away, or have to attend counseling or educational classes. (ARS 8-323)

Curfew is how late you can legally stay outside in a public place. The State of Arizona allows each city to set curfews, and they can be different from place to place. If you violate curfew you may be ticked, have to pay a fine or do community service or held at the police station while a parent or guardian is called. Your parent or guardian is also susceptible to being cited for your violation of curfew laws., or che. Curfews are often different on weekends and weeknights and are often different if you are under the age of 16 or under the age of 18.

Laws

Each city enforces its own laws and those of the State. A city’s law is sometimes called a 'Municipal Code' or 'City Code.’ Curfew times vary from city to city within Arizona. Your best source for the curfew law in your city is your local police department or city attorney’s office. You may also search a municipal code web site for more information. Generally, you can be out past curfew only if you:

• Are with your parent or guardian;
• Are with an adult and have prior permission from your parent or guardian;
• You are traveling to another state in a motor vehicle and have permission from your parent or guardian;
• You are going or returning from work by the most direct route without any detours or stops;
• You are involved in an emergency or have prior permission from your parent or guardian and are engaged in a reasonable, legitimate, and specific business and/or activity;
• You have prior permission from your parent or guardian, and engaged in a reasonable exercise of your First Amendment Rights protected by the United States Constitution;
• You are married and 16 years of age or over, or in the military, are on the sidewalk in front of your house or on the next-door neighbor's property with their consent.

Possible consequences if curfew is violated:

• Some police departments issue tickets for violating curfew
• Some may give you a warning or take you to the police station and call your parents
• You may have to pay a fine or do community service and have a juvenile record
• Your parents or guardian may have to pay a fine, do community service
• Both you and your parents may be found guilty of a misdemeanor.

Phoenix (including the Ahwatukee area) : Under age 16: 10 P.M. to 5:00 AM everyday, including weekends; Age 16-18: 12 am midnight to 5:00 A.M. everyday, including weekends

Criminal Damage and Graffiti:

If you damage property, you will be held accountable. If you recklessly damage property, it is called criminal damage. Criminal damages as defined by Arizona state law (A.R.S. 13-1602A&B) may be a misdemeanor or a felony depending on the amount of damage.In many cases you and your parents are responsible for paying for damages.

Defacing property is also considered criminal damages. This includes marking, scratching or painting of property that does not belong to you and without the owner's permission. Painting graffiti is breaking the law.

In Arizona, a 16-year old who spray-painted 32 homes, a half-dozen cars, and various garage doors and fences was tried as an adult and sentenced to 2 months in jail and 3 years probation. Juveniles who damage the property of others can be placed on probation (either with or without detention) and can be required to pay for damages.