Underage DUI Defense in San Jose
Facing DUI charges under 21 in San Jose? Zero tolerance laws make these cases complex. Our former prosecutor team protects your future.
Former Prosecutors Now Fighting For You
- Extensive Santa Clara County Experience
- Former Prosecutor Insights
- Proven Defense Strategies
Underage DUI in San Jose: Zero Tolerance Laws and Your Future
If you're under 21 and facing DUI charges in San Jose, you're dealing with California's strict zero tolerance laws. Any detectable amount of alcohol (0.01% BAC or higher) can result in serious consequences that can impact your education, career prospects, and future opportunities. As former prosecutors, we understand the unique challenges young people face and fight to minimize the long-term impact on your life.
Underage DUI cases require specialized knowledge of both criminal law and administrative procedures. Our team has extensive experience defending college students, young professionals, and minors throughout Santa Clara County. We know how to protect your academic standing, scholarship eligibility, and career prospects.
Zero Tolerance - Immediate Consequences
- • 0.01% BAC triggers automatic license suspension
- • 1-year license suspension for first offense
- • Academic consequences may include scholarship loss
- • Career impact for future job applications
Understanding California's Zero Tolerance Law
What Zero Tolerance Means
- Any BAC of 0.01% or higher is illegal
- No "legal limit" for drivers under 21
- Automatic license suspension
- Criminal charges possible
BAC Thresholds for Minors
Protecting Your Academic and Career Future
College & Education
- • Scholarship eligibility protection
- • Student housing considerations
- • Academic probation avoidance
- • Study abroad program eligibility
Career Prospects
- • Background check implications
- • Professional license protection
- • Internship eligibility
- • Government job opportunities
Social Impact
- • Family relationship strain
- • Peer group consequences
- • Community service opportunities
- • Leadership position eligibility
Specialized Defense Strategies for Young Drivers
Technical Defenses
- BAC Testing Accuracy: Challenge low-level BAC readings and testing procedures
- Rising Blood Alcohol: Prove BAC was below 0.01% while driving
- Traffic Stop Validity: Challenge the legality of the initial stop
Mitigation Strategies
- Diversion Programs: Seek treatment-focused alternatives
- Hardship License: Maintain driving for school and work
- Expungement Planning: Clear record after case resolution
Special Considerations for College Students
Immediate Concerns
- • Notify parents/guardians appropriately
- • Protect scholarship and financial aid
- • Coordinate with school disciplinary proceedings
- • Maintain academic standing
Long-term Planning
- • Graduate school application impact
- • Professional licensing considerations
- • Internship and job applications
- • Study abroad program eligibility
Common Underage DUI Scenarios We Defend
The "Designated Driver" Case
You were the designated driver but had "just one drink" hours earlier. Even minimal alcohol consumption can trigger zero tolerance violations.
Common Issues:
- • Residual alcohol from earlier consumption
- • Mouthwash or medication containing alcohol
- • Food cooked with alcohol
- • Energy drinks mixed with alcohol
Defense Strategies:
- • Challenge timing of alcohol consumption
- • Present evidence of responsible behavior
- • Question accuracy of low-level BAC readings
- • Demonstrate lack of impairment
The "False Positive" Case
Medical conditions, medications, or other substances can cause false positive results on breath or blood tests.
Potential Causes:
- • Diabetes and ketosis
- • GERD or acid reflux
- • Prescription medications
- • Dental work or mouth injuries
Our Investigation:
- • Review medical history and records
- • Consult with medical experts
- • Challenge testing procedures
- • Present alternative explanations
The "Illegal Stop" Case
Police must have reasonable suspicion to stop your vehicle. Many underage DUI cases begin with questionable traffic stops.
Questionable Stops:
- • Leaving bars or parties (not illegal)
- • Driving in "high DUI" areas
- • Minor traffic violations as pretexts
- • Anonymous tips without corroboration
Suppression Motions:
- • Challenge the legality of the stop
- • Suppress all evidence from illegal stop
- • Review dash cam and body cam footage
- • Cross-examine officers on their observations
What to Do Immediately After an Underage DUI Arrest
First 24 Hours
Contact an Attorney
Don't wait. The 10-day DMV deadline is critical.
Don't Discuss the Case
Avoid talking about the arrest with anyone except your attorney.
Preserve Evidence
Save receipts, photos, and contact information for witnesses.
First 10 Days
DMV Hearing Request
Must be requested within 10 days or license is automatically suspended.
Gather Documentation
Medical records, prescription information, and character references.
Notify School if Required
Some schools require notification of arrests. Check your student handbook.
Long-term Consequences and How We Minimize Them
Employment Impact
Potential Issues:
- • Background check failures
- • Professional license denials
- • Security clearance problems
- • Internship disqualification
Our Solutions:
- • Seek dismissal or reduction
- • Plan for future expungement
- • Prepare explanation letters
- • Connect with understanding employers
Educational Consequences
Potential Issues:
- • Scholarship loss or suspension
- • Student housing violations
- • Academic probation
- • Graduate school rejections
Our Solutions:
- • Coordinate with school officials
- • Seek alternative discipline
- • Protect financial aid eligibility
- • Plan academic recovery strategy
Personal & Social Impact
Potential Issues:
- • Family relationship strain
- • Social stigma and judgment
- • Leadership position loss
- • Community service requirements
Our Support:
- • Family counseling referrals
- • Community service coordination
- • Character witness preparation
- • Reputation management advice
Related Services
Local Court Information
Santa Clara County Superior Court - Hall of Justice
191 N 1st St, San Jose, CA 95113
Underage DUI cases often involve college students. We understand the unique concerns about academic and career impacts and work to minimize long-term consequences.