Underage DUI Lawyer Scottsdale

Getting charged with DUI under the age of 21 in Arizona is more than just a minor mistake—it’s a serious criminal offense. Arizona has a zero-tolerance policy when it comes to underage drinking and driving. That means even the smallest trace of alcohol in a minor’s system can result in arrest and prosecution. If you or your child has been charged, you need an experienced Underage DUI Lawyer in Scottsdale who can step in immediately, protect your rights, and fight to safeguard your future.

At Attorney Josh, we provide smart legal defense for those facing underage DUI charges. Led by Joshua A. Lopez, Esq., our law firm operates throughout Scottsdale and Phoenix, and we understand the unique legal, educational, and personal consequences that underage drivers face. We take a strategic approach to every case—because we know your future depends on it.

Smart Strategies. Strong Results. That’s what we deliver.

What Is an Underage DUI in Arizona?

Under Arizona Revised Statutes §4-244(34), it is illegal for anyone under the age of 21 to drive with any detectable amount of alcohol in their system. This is often called a “Baby DUI” or Zero Tolerance DUI. Unlike adult DUI laws, which set a legal limit of 0.08% BAC, the law for underage drivers is even stricter: 0.01% BAC or higher is enough to result in a criminal charge.

You can also be charged under §28-1381, Arizona’s general DUI statute, if you’re under 21 and:

• Impaired to the slightest degree by alcohol or drugs
• Driving with a BAC of 0.08% or higher
• Found with any drug (including marijuana or prescription pills) in your system

If you’re facing these charges, contact a Scottsdale Underage DUI Lawyer immediately. The earlier you get legal counsel, the more options you have for defending your case or reducing the consequences.

Penalties for Underage DUI in Scottsdale

Although underage DUIs are typically charged as misdemeanors, the consequences can be devastating, especially for someone just starting out in life. The penalties may include:

• Driver’s license suspension for 2 years (for first-time underage DUI)
• Mandatory alcohol screening and education

• Fines and court costs

• Probation

• Community service

• Up to 6 months in jail (rare for a first offense but possible under some circumstances)

For many young adults, the most lasting consequences are not the criminal penalties—but the impact on scholarships, college admissions, internships, jobs, and future licensing (such as teaching, law, or medicine).

That’s why choosing an experienced Underage DUI Lawyer in Scottsdale who knows how to fight these charges is absolutely critical.

How Arizona Treats Marijuana and Prescription Drugs in Underage DUI Cases

Underage drivers can also face DUI charges for driving under the influence of marijuana—even if it was used legally. Similarly, if an underage driver is impaired by prescription medication (such as Xanax, Ambien, or opioids), they can be charged with DUI.

Arizona law does not require proof of actual impairment for underage drivers. If a minor is found to have any trace of alcohol or drugs in their system while driving, they can be arrested and charged.

These are serious charges with long-term effects. A knowledgeable Underage DUI Lawyer in Scottsdale will carefully examine the testing procedures, officer conduct, and constitutional issues to build your defense.

How an Underage DUI Affects College Students

A DUI conviction for a college student can be disastrous. It can lead to:

• Loss of financial aid

• Academic discipline or expulsion

• Loss of campus housing

• Difficulty applying to grad school

• Ineligibility for study abroad programs

• Internship or employment disqualification

If you’re attending ASU, Scottsdale Community College, GCU, or another Arizona institution, your school may conduct its own internal disciplinary process—even if your DUI charge is still pending in court.

At Attorney Josh, we help students and parents understand the full scope of consequences and work proactively to resolve both the criminal charges and school-related fallout.

Defenses Used by an Underage DUI Lawyer in Scottsdale

Even if you or your child failed a breath test or admitted to drinking, you still have options. At Attorney Josh, we use a wide range of defense strategies to challenge the prosecution’s case and push for a dismissal, acquittal, or reduction of charges.

1. Unlawful Traffic Stop

If the officer did not have reasonable suspicion to pull over the vehicle, the entire case could be dismissed due to a violation of your constitutional rights.

2. Improperly Administered Field Sobriety Tests

These tests are subjective and often affected by fatigue, anxiety, or medical conditions. We examine whether the officer followed standardized testing procedures.

3. Inaccurate Breath or Blood Test Results

Breathalyzers must be calibrated and maintained properly. Blood samples must follow strict chain-of-custody protocols. Any deviation can lead to evidence being thrown out.

4. No Impairment Observed

Even if there was alcohol in the system, there may be no proof of actual impairment. This can be especially relevant when negotiating with prosecutors for lesser charges or diversion programs.

5. Violation of Miranda Rights or Improper Police Conduct

If your rights were not read or if you were coerced into making statements, we can file motions to suppress that evidence.

As your Underage DUI Lawyer in Scottsdale, we look at every legal and procedural detail to protect your rights and your future.

Will I Go to Jail for an Underage DUI?

Jail time is not mandatory for most underage DUI offenses, especially if it’s your first run-in with the law. However, that doesn’t mean you should take the charge lightly.

If aggravating factors are involved—like high BAC, an accident, or prior convictions—jail time becomes more likely.

At Attorney Josh, our goal is to keep you out of jail, protect your criminal record, and preserve your ability to drive, attend school, and apply for jobs. In many cases, we can negotiate alternative sentencing, including:

• Alcohol education programs
• Community service
• Deferred prosecution or diversion
• Dismissal upon completion of court-ordered conditions

What to Do After an Underage DUI Arrest

If you or your child has been arrested for underage DUI in Scottsdale, follow these steps:

1. Do not admit to drinking or drug use. Politely request an attorney and exercise your right to remain silent.
2. Call Attorney Josh immediately. The sooner we start, the more options we have.
3. Preserve any evidence. Save text messages, social media posts, or receipts that may help prove your timeline.
4. Write down everything. Document what happened before, during, and after the stop, including what the officer said and did.
5. Avoid social media. Do not post anything about the arrest—anything you share can be used against you.

The earlier you contact a skilled Underage DUI Lawyer in Scottsdale, the more time we have to evaluate your case and seek a favorable outcome.

Why Choose Attorney Josh?

When your future is on the line, you need more than just a defense attorney—you need a strategic legal partner who understands what’s at stake.

As your Underage DUI Lawyer in Scottsdale, I offer:

Smart Legal Strategies

Every case is different. I craft a personalized legal plan to protect your rights and long-term interests.

Strong Results

From charge reductions to full dismissals, I fight for real outcomes that keep your future on track.

Direct Access

You’ll work directly with Joshua A. Lopez, Esq. I don’t hand your case off to junior associates or paralegals.

Local Experience

With offices in Scottsdale and Phoenix, I know the prosecutors, judges, and court systems in Maricopa County and surrounding areas.

Compassionate Defense for Families

I work closely with both defendants and parents to help young people avoid a permanent criminal record.

How We Can Help

An underage DUI doesn’t have to define your future—but ignoring it, or hiring the wrong lawyer, can. At Attorney Josh, we bring smart strategies and aggressive defense to the courtroom. Whether you’re a college student, a high school senior, or a concerned parent, we’re here to fight for the best possible outcome.

Don’t wait until your court date is near—call now.

Let’s protect your future together.

Attorney Josh
Strong Defense. Strong Results.