Chocolate, Brandy, and a DUI? What Arizona Drivers Can Learn from a Utah Mom’s Mistake
A recent story out of Utah caught national attention—and not just because it’s bizarre. A suburban mom, a few innocent-looking European chocolates, and a breathalyzer reading over twice the legal limit led to a DUI charge with her kids in the car.
Yes, really. And yes, Arizona drivers should be paying attention.
The Case: Chocolates with a Legal Kick
Heather Whitmore, a 38-year-old mother of three, had just returned from a family trip to Europe with a new favorite snack in tow: Mon Chéri chocolates, a brandy-filled treat that’s common overseas. Back home in Salt Lake City, she picked up a few boxes at an international grocery store and started snacking on them during errands and carpool runs.
But on a hectic Tuesday afternoon, she lost track of how many she’d eaten—and wound up being pulled over for speeding. Police noticed the smell of alcohol and found a pile of red foil candy wrappers in her car. A breath test showed she was more than twice Utah’s legal limit of 0.05% BAC.
She was cited for DUI and reckless driving. And while she avoided jail, she’s now enrolled in a six-week substance education course. Her story has sparked conversations around parenting, burnout, and the unexpected ways someone might end up legally impaired.
What Does This Mean for Arizona Drivers?
While Arizona’s legal blood alcohol concentration (BAC) limit is 0.08%, higher than Utah’s, it’s still very possible to be charged with DUI from unusual sources of alcohol—including liqueur-filled candies.
In fact, under Arizona Revised Statutes § 28-1381, a person can be charged with DUI if:
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They are impaired “to the slightest degree,” regardless of BAC, OR
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Their BAC is 0.08% or higher within two hours of driving.
That means even if you blow under 0.08%, an officer can still arrest you if they observe signs of impairment—like poor driving, slurred speech, or the smell of alcohol.
Can Candy Really Get You a DUI?
While it’s rare, the answer is yes—especially when:
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The candies contain real spirits, not just flavoring.
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They are eaten in large quantities or without food.
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The driver is small in stature, dehydrated, or has a low alcohol tolerance.
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Other impairing substances (like medication or fatigue) are also at play.
It may sound silly, but if you’re pulled over and test above the legal limit—or seem impaired—the source of the alcohol doesn’t matter.
What If Kids Are in the Car?
Arizona takes DUI with minors in the car very seriously. Under ARS § 28-1383(A)(3), DUI becomes a felony (aggravated DUI) if a child under 15 is in the vehicle. That means:
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Even a first-time DUI can carry prison time.
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You may face child endangerment investigations from child welfare agencies.
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Your license could be suspended or revoked.
In the Utah case, the mother’s children weren’t harmed and were allowed to stay with a sober parent—but the legal risk was real.
Key Takeaways for Arizona Drivers
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Alcohol is alcohol, whether it comes from a cocktail or a chocolate.
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If you feel buzzed or “off,” don’t drive, even if you think the amount is small.
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Read labels carefully, especially on foreign or specialty products.
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Be extra cautious if you’re driving with children—penalties are much more severe.
Final Thoughts
Most DUI cases in Arizona don’t start with someone chugging shots at a bar. They often begin with someone who thought they were “probably fine” to drive—or didn’t even realize they were consuming alcohol. The Utah mom’s case might be quirky, but it’s a cautionary tale worth remembering.
In Arizona, impaired is impaired—even if it came wrapped in foil and imported from Europe.
If you’ve been charged with DUI in Arizona, whether from alcohol, medication, or an honest mistake, don’t face it alone. Contact our office for experienced legal representation and a clear path forward.