Halloween weekend in Tempe means costume parties, packed bars on Mill Avenue, and a lot of college students in one place. It also usually means more police on patrol. If you are under 21 and get cited for drinking, the charge is usually a misdemeanor. It's a real criminal charge, but in most cases it's also manageable, and a first-time underage drinking charge in Tempe can often be resolved without a lasting conviction.
In Arizona, people under 21 may not buy, possess or consume alcohol, and may not have alcohol in their body. That law is A.R.S. § 4-244, and people often call it a "minor in possession" (MIP) or "minor in consumption" (MIC) charge. Underage possession is a class 1 misdemeanor, the most serious misdemeanor level in Arizona. That can carry jail time and fines, though first-time cases rarely end with jail. Many first-time cases qualify for diversion. Diversion is a program that ends in a dismissal if you finish it.
The bigger risks for students are often the add-ons: a fake ID, driving after drinking, or not showing up in court. Below we cover how these cases work, what to avoid, and how to protect both your record and your standing at school.
What Counts as an Underage Drinking Charge in Tempe?
Under A.R.S. § 4-244, it is generally unlawful for anyone under 21 to:
- Buy or try to buy alcohol
- Possess alcohol, such as holding a drink at a party or keeping a case of beer in your dorm or car
- Consume alcohol
- Have alcohol in their body, even if no one saw them drinking
That last point surprises a lot of students. You don't have to be caught holding a cup. If an officer sees signs of drinking and a breath test or other evidence shows alcohol in your system, you can still be charged.
Where these cases are heard
If you are cited in Tempe city limits, including many incidents near ASU's Tempe campus, the case usually goes to Tempe Municipal Court. If you are under 18, the case may go to juvenile court, where the process and outcomes are different. Your citation lists the court and your first court date. Keep it somewhere safe.
Related charges that can come up
Halloween incidents can involve more than one charge. Some common examples:
- Underage drinking and driving. Arizona has a "not a drop" rule. If you're under 21, it is illegal to drive or be in physical control of a vehicle with any alcohol in your body. That's a separate and more serious matter, and it also has consequences for your driver's license.
- Furnishing alcohol to a minor. A 21-year-old who buys drinks for underage friends can face charges too.
- Disorderly conduct, trespassing or assault, if a party gets out of hand.
- Fake ID offenses, covered next.
The Fake ID Problem
A lot of students think of a fake ID as a minor thing. Arizona law treats it as a separate class 1 misdemeanor, and it can also cost you your driver's license.
Depending on the facts, using or carrying a fake or borrowed ID can lead to:
- Charges for misrepresenting your age to buy alcohol or get into a bar
- Driver's license consequences through the Arizona MVD in some situations
- More serious charges in some cases, such as forgery or criminal impersonation, especially when someone has a realistic counterfeit ID or someone else's real license
Which charge applies and how serious it is depends on what kind of ID it was, how it was used, and who made it. These charges can be much harder to resolve through diversion than a simple possession or consumption citation. If a fake ID is part of your case, get legal advice before you talk to anyone about where it came from.
Practical tip for this weekend: if you're under 21, leave any fake ID at home. Showing one to a bouncer or an officer can turn a minor citation into a much bigger problem.
What Happens After an Underage Drinking Citation
For most first-time cases, the process looks something like this:
- Citation and release. Officers often issue a citation and release you. If you're intoxicated, they may release you to a sober adult. Sometimes they take people into custody, particularly when other charges are involved. Our guide on what to do if you're arrested in Arizona covers your rights in that situation.
- Arraignment. This is your first court date. You're told what the charge is and asked to enter a plea. You generally do not have to plead guilty at this stage.
- Options are explored. This is often when diversion, a reduced charge, or other resolutions are discussed.
- Resolution. The case may end in dismissal after diversion, a plea agreement, or in some cases a trial.
Possible penalties
A class 1 misdemeanor in Arizona can carry up to six months in jail, fines of up to $2,500 plus surcharges, and probation. For anyone under 18, a judge may also suspend driving privileges for up to 180 days after a first possession conviction. Courts often order alcohol education or counseling as well. In practice, first-time offenders without aggravating facts rarely receive jail time. Still, penalties and court practices vary, and repeat offenses, fake IDs or driving-related charges can raise the stakes a lot. Talk to a lawyer about your specific situation instead of relying on general ranges.
Don't miss your court date
This is one of the most important points in this article. If you don't appear, the court can issue a warrant for your arrest. A warrant can also make diversion harder to get. If you're going home for a break or have a scheduling conflict, deal with it before the court date, not after.
Diversion Options for Underage Drinking in Tempe
Diversion is often the best realistic outcome for a first-time underage drinking charge. Here is how it generally works:
- You are offered a program, often involving an alcohol education or substance awareness class, sometimes with counseling, community service, or fees.
- You complete the requirements by a deadline.
- If you finish successfully, the charge is dismissed and you avoid a conviction.
Eligibility isn't automatic. It usually depends on things like whether this is your first offense, whether other charges are involved (especially a fake ID or driving), and the policies of the prosecutor's office handling the case. Program requirements and costs can also change over time.
A dismissal through diversion is a good result, but the arrest or citation may still appear in some records. That's one reason to look at record-clearing options later on.
How a Charge Can Affect School, Jobs and Your Record
For students, the court case is often only part of the picture.
ASU and other schools
Universities, including ASU, typically have their own student code of conduct. A school disciplinary process can run separately from the court case, and it can apply to some off-campus conduct as well. Possible outcomes range from educational sanctions to probation, and in serious cases suspension. Housing contracts may have their own alcohol rules too.
Schools have also had policies meant to encourage students to call for help in a medical emergency involving alcohol. If someone is in danger, call 911. Check your school's current student code for details on how those policies work.
Scholarships, athletics and Greek life
Scholarships, team rules and fraternity or sorority chapters may have their own conduct requirements. A conviction can affect these more than a dismissal would. That's another reason to treat even a "minor" citation seriously.
Your criminal record
A misdemeanor conviction is a criminal record, and employers, landlords, graduate programs and professional licensing boards may see it. Arizona does give people ways to limit the impact later:
- Set-aside: A conviction can often be "set aside" after you complete your sentence. Learn more in our guide on how to get a criminal record set aside in Arizona.
- Record sealing: Arizona's sealing law can restrict public access to certain records after a waiting period. Learn more about expungements, set-asides and record sealing.
Avoiding a conviction in the first place, through diversion or a dismissal, is usually the strongest option.
Practical Tips for Halloween Weekend
Some steps can lower your risk this weekend:
- Don't drive after any drinking if you're under 21. Under the not-a-drop rule, even one drink matters. Use a rideshare or a sober friend.
- Leave the fake ID at home.
- Stay calm and polite with police. You can be respectful and still exercise your rights.
- Give your true name and basic identifying information if lawfully asked. Giving a false name creates a new problem.
- You may decline to answer questions about how much you drank or where you got the alcohol. You can say, "I'd like to speak with a lawyer before answering questions."
- Don't physically resist, even if you believe the stop is unfair. Any challenge to the stop belongs in court.
- Look after your friends. If someone is seriously intoxicated or unresponsive, call 911.
Possible Defenses and Issues to Review
Every case depends on its facts. Some issues a defense lawyer may look at include:
- Whether the stop, entry or search was lawful. For example, how officers came to enter a house party or search a bag.
- Whether the alcohol was actually yours. Being near drinks at a party is not the same as possessing them.
- The reliability of any breath test or other evidence that you had alcohol in your body.
- Your age and identity evidence, especially where a fake ID is involved.
- Whether you qualify for diversion or another resolution that avoids a conviction.
This article is general information, not legal advice for your situation.
Next Steps: Talk to a Tempe Defense Attorney
If you or your son or daughter has been cited for underage drinking in Tempe, the best time to get advice is before the first court date. Jess A. Lorona has more than four decades of criminal defense experience and is a former prosecutor. He can review the citation, explain your options, and help you pursue diversion or another resolution that protects your record where possible.
Learn more about our Tempe criminal defense practice, or call (602) 385-6818 for a free consultation. We're available 24/7. You can also reach us through our contact page.
