Joshua A. Lopez, Esq.

Criminal Defense Lawyer in Arizona

Smart Defense. Strong Results.

Attorney Josh

Underage DUI Lawyer Phoenix

Driving under the influence is always serious—but if you’re under 21 and charged with DUI in Arizona, the stakes are even higher. Arizona enforces a zero-tolerance policy for underage drivers. That means even the slightest trace of alcohol in your system can lead to a DUI charge, along with severe penalties that can affect your future for years.

If you or your child is facing charges, you need an experienced underage DUI lawyer in Phoenix who understands how to build a smart defense that protects your rights, freedom, and future.

At Attorney Josh, we fight these cases with strategic precision. Led by Joshua A. Lopez, Esq., we provide what every family in crisis needs: Strong Defense. Strong Results.

Arizona’s Zero-Tolerance DUI Law for Drivers Under 21

Under A.R.S. § 4-244(34), Arizona law makes it illegal for anyone under the age of 21 to drive with any amount of alcohol in their system—even if their BAC is below 0.08%. This law is known as the zero-tolerance law, and it can result in criminal charges based on any detectable BAC.

Unlike standard DUI charges that require a BAC of 0.08% or more, underage drivers can be charged even for having a BAC as low as 0.01%.

That’s why it’s crucial to hire a Phoenix underage DUI lawyer who understands how to challenge the validity of the test, the procedure of the stop, and the intent of the arresting officer.

What Are the Penalties for Underage DUI in Phoenix?

An underage DUI conviction in Arizona is not a traffic ticket—it’s a criminal offense that can have lasting consequences.

First-Offense Underage DUI Penalties

Up to 6 months in jail (often suspended for first-time offenders)
License suspension for up to 2 years
Fines and court fees that can total over $1,500
Mandatory alcohol screening and education
Possible community service
A criminal record that may affect college admissions, scholarships, and job opportunities

If the underage driver’s BAC is above 0.08%, standard DUI charges may also apply—bringing harsher penalties, including mandatory jail time.

Collateral Consequences for Minors and Young Adults

An underage DUI conviction can affect much more than just your driver’s license. It may:

Lead to college disciplinary action or expulsion
Disqualify you from financial aid or scholarships
Prevent you from obtaining certain professional licenses
Impact future employment opportunities
Lead to insurance premium increases or cancellation
Limit military enlistment or government clearance

This is why it’s critical to hire a skilled underage DUI lawyer in Phoenix who knows how to protect not just your legal rights—but your future.

How Attorney Josh Builds Smart Defenses in Underage DUI Cases

At Attorney Josh, our legal strategy is rooted in smart defense and strong results. We don’t just react—we proactively investigate, challenge, and dismantle the prosecution’s case.

Here’s how we fight back:

1. Challenging the Traffic Stop

Did law enforcement have reasonable suspicion to initiate the stop? If not, the entire case may be thrown out due to an illegal stop.

2. Questioning the Breath or Blood Test

We assess:

Whether proper testing protocols were followed
Whether the machine was calibrated correctly
If the arresting officer was certified to operate the device
If any medical conditions or recent mouthwash use could have affected the results

3. Investigating Procedural Errors

If your Miranda rights were not read, or you were coerced into giving a statement, that could be grounds to suppress the evidence.

4. Negotiating for Dismissal or Diversion

In many underage DUI cases, we can negotiate:

Dismissals due to insufficient evidence or procedural mistakes
Diversion programs that allow for eventual dismissal upon completion
Reduced charges to avoid a DUI conviction on record

We also advocate for limited license privileges or early reinstatement so young clients can maintain work, school, or family responsibilities.

Why You Need an Experienced Underage DUI Lawyer in Phoenix

Arizona prosecutors aggressively pursue underage DUI cases. They want to “make an example” out of young drivers to deter others. But that approach often leads to excessive punishments, especially for minors with no criminal history.

Hiring a Phoenix underage DUI lawyer who is experienced in defending young adults is essential. You need someone who:

Knows Arizona DUI law inside and out
Understands how local courts and prosecutors operate
Can communicate clearly with both the client and their parents
Works toward resolution that minimizes long-term damage

At Attorney Josh, we treat every case as if it’s going to trial—so we’re always one step ahead. We prepare meticulously, analyze every detail, and build legal arguments designed to disarm the prosecution.

Special Considerations for Parents

If your son or daughter has been arrested for an underage DUI, it’s natural to feel scared, angry, or overwhelmed. But how you respond in the first 24–48 hours can make all the difference.

Here’s what you should do:

Stay calm and supportive. Your child needs a clear head and emotional stability.
Contact Attorney Josh immediately. Early legal intervention is key.
Do not allow your child to speak to police without legal counsel present.
Gather any relevant evidence, such as text messages, surveillance footage, or social media that may support their case.
Follow through on all court obligations and legal advice provided.

We make it a priority to communicate directly with both clients and parents, offering transparency and confidence at every step of the case.

Can an Underage DUI Be Expunged or Set Aside in Arizona?

While Arizona does not offer traditional expungement, it does allow certain convictions to be set aside under A.R.S. § 13-905. A set-aside essentially marks your conviction as dismissed after all sentence requirements are completed.

This can improve your chances of:

Passing background checks
Applying for housing or employment
Regaining eligibility for loans or licenses

Attorney Josh can guide you through the set-aside process and work to clean up your record after the fact—because your past shouldn’t define your future.

The Importance of Acting Quickly

If you or your child has been charged with underage DUI in Phoenix or Scottsdale, time is of the essence. You only have 15 days to request a Motor Vehicle Division (MVD) hearing to fight license suspension.

Waiting too long could result in:

Automatic license suspension
Loss of plea negotiation opportunities
Stronger evidence building by the prosecution

Don’t wait to secure representation. The earlier Attorney Josh is involved, the better your chances of avoiding long-term consequences.

How We Can Help

At Attorney Josh, we fight hard for young clients because we believe one mistake should not define their future. With offices in Phoenix and Scottsdale, we serve families throughout Maricopa County and beyond.

Here’s what sets us apart:

A reputation for strategic, smart defenses
Hundreds of successful DUI cases handled
Clear communication and respect for every client and family
A commitment to Strong Defense. Strong Results.

When your future—or your child’s—is on the line, trust Attorney Josh to protect it.

Schedule a free consultation today and get the defense you deserve.