Santa Ana Underage DUI Lawyer
Protecting Young Drivers After a DUI Arrest
If your child has just been arrested for an underage DUI in Santa Ana, you are likely worried about their record, their license, and their future. You may be trying to make sense of confusing paperwork from the court and the California DMV, all while managing school and family responsibilities.
At Braden & Tucci, we focus our practice on DUI and DMV defense. Since 1997, we have helped thousands of drivers across Southern California face DUI charges, including many teenagers and young adults. Our goal is to guide your family through this process, explain your options, and work to protect what matters most to you and your child.
Our attorneys bring in-depth knowledge of California DUI law, the science behind breath and blood testing, and the specific rules that apply to drivers under 21. Speak with a team that understands how serious an underage DUI can be and how to respond quickly and carefully.
Call (949) 996-0170 to schedule your free consultation with our DUI defense team.
California Underage DUI Laws
California law takes underage DUI seriously. Under California Vehicle Code § 23140, a driver under 21 years old can be charged with a DUI if their blood alcohol content (BAC) is 0.01% or higher. This is commonly known as the “zero-tolerance” law for underage drivers.
Even a small amount of alcohol can lead to an underage DUI arrest, and the consequences can be severe. In addition to BAC-based charges, underage drivers may face DUI penalties if they are impaired by drugs, including prescription medications, or a combination of alcohol and drugs.
Common circumstances leading to underage DUI charges include:
- Driving after consuming alcohol at a party
- Being stopped for a minor traffic violation and failing a BAC test
- Being involved in an accident and tested for alcohol
- Being charged with DUI based on field sobriety tests or officer observations
Underage DUI Penalties
An underage DUI conviction can carry serious consequences that affect your future. Penalties vary depending on the circumstances of the arrest, prior offenses, and whether the driver refused a chemical test.
Typical penalties for a first underage DUI offense may include:
- License suspension (often 1 year under zero-tolerance rules)
- Fines and court fees
- Alcohol education or DUI school
- Probation
- Possible community service
- SR-22 insurance requirement
Additional consequences may include:
- School disciplinary actions, including suspension or expulsion
- Loss of scholarships or college admission complications
- Employment difficulties, especially for jobs requiring a clean driving record
- Higher insurance rates for years to come
If the underage driver refuses a chemical test, the DMV can impose additional penalties, including longer license suspension periods.
Legal Defense to Underage DUI
A skilled defense attorney can challenge the prosecution’s case in several ways. At Braden & Tucci, we examine every detail of the arrest to determine whether the police followed proper procedures and whether the evidence is reliable.
Possible defense strategies may include:
Questioning the traffic stop
Police must have a legal reason to pull over a vehicle. If the stop was unlawful, any evidence obtained afterward may be suppressed.
Challenging BAC test accuracy
Breath and blood tests must be administered correctly and within legal time limits. Errors in testing equipment, calibration, or procedure can result in unreliable BAC results.
Disputing field sobriety test results
Field sobriety tests are subjective and can be influenced by factors like fatigue, medical conditions, or poor road conditions. We review whether these tests were properly conducted.
Arguing “medical impairment” or medication issues
If a driver was impaired by medication rather than alcohol, this can be a critical factor in defense.
Negotiating reduced charges
In some cases, we may negotiate a reduction to a lesser offense or seek alternatives that reduce long-term consequences.
Underage DUI FAQs
What is considered an underage DUI in California?
Under California law, a driver under 21 can be charged with an underage DUI if their BAC is 0.01% or higher, or if they are impaired by alcohol or drugs.
Can I lose my license for underage DUI?
Yes. Underage drivers can face license suspension, even for a first offense. The DMV may also impose additional penalties if the driver refuses a chemical test.
Will an underage DUI stay on my record?
An underage DUI conviction can remain on your driving record and criminal record, potentially impacting college admissions, employment, and insurance rates.
Can a Santa Ana underage DUI lawyer get my case dismissed?
Each case is unique. A skilled attorney can challenge evidence, procedure, and testing methods. In some cases, we may be able to get charges reduced or dismissed.
Should I speak to police after an arrest?
It is generally not advisable to speak to police without an attorney. Anything said can be used against you in court. Contact a Santa Ana underage DUI lawyer immediately.
What if I refused a breath or blood test?
Refusing a chemical test can lead to additional DMV penalties, including longer license suspension. A lawyer can help challenge the validity of the refusal process and represent you at DMV hearings.
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“Thank you again, Mr. Tucci, through your efforts you have altered the course of my life. Truly the greatest to have ever done it.”
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What sets us apart:
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Zealous, Individualized Representation for Your Case
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Proven Successes in Trial, in Court & with the DMV
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Certified in Alcohol Screening & Field Sobriety Testing
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Southern California’s Most Respected DUI Attorney
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Former President of the CA DUI Lawyers Association
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Southern California’s Most Aggressive and Successful DUI Attorney
Why Families Choose Our DUI Defense
Parents who reach out to us are not only looking for a lawyer. They want a team that focuses on DUI defense and understands the unique issues that come with juvenile and underage DUI cases. That is why our exclusive focus on DUI and DMV matters is so important. We do not divide our attention among many practice areas, and instead, we stay on top of the narrow legal and scientific issues that decide DUI cases in California.
Attorney Vincent Tucci has been licensed in California since 1997 and has personally tried close to 100 DUI jury trials. He has represented citizens against the DMV in more than 2,000 hearings, which is critical experience when a young driver’s license is on the line. He has earned an AV Preeminent rating from Martindale-Hubbell, which reflects a high level of peer recognition for professional ability and ethics.
Our leadership roles within DUI-focused organizations set us apart from many general criminal practices. Mr. Tucci is a past President of the California DUI Lawyers Association, serves as co-chair of the DUI Committee for the California Attorneys for Criminal Justice, and sits on its Board of Governors. He has also been a member of the National College of DUI Defense since 2000. These positions show our ongoing commitment to staying current on developments in DUI defense that can directly affect your child’s case.
To get started on your child's defense, contact us today.
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