Underage DUI Attorney in Oakland
Get Support and Answers Right Away For Your Family
If your child or teen has been charged with driving under the influence, every minute can feel critical. As a parent or guardian, it is natural to feel alarmed and uncertain, especially when your child’s future and well-being are at stake.
At Demetrius Costy Law, we know the urgent questions you are facing: What happens next? What impact will this have on school, jobs, or college admissions? Who in Oakland can truly support your family right now?
Our team stands ready to provide experienced, clear legal support at any hour. Led by Attorney Demetrius Costy, with more than two decades serving in Oakland and Alameda County, we focus on easing the stress of this process. We guide you with the knowledge, reassurance, and advocacy you need as soon as you reach out.
Choosing an underage DUI attorney in Oakland is a major decision for your family. That is why we offer same-day appointments, free consultations, and a supportive environment where everyone is respected. Our immediate, individualized approach is rooted in local courtroom experience and a commitment to treating your story with care, not judgment.
Contact a dedicated underage DUI attorney in Oakland for a free consultation immediately. We use 20 years of experience to fight both the criminal charges and the license suspension. Call our firm at (510) 254-3945 or contact us online now.
Understanding California's Underage DUI Laws
California law establishes three distinct levels of offenses for drivers under the age of 21, each carrying different penalties. We fight to have the charge dismissed or reduced to the least punitive level possible.
The Zero Tolerance Law
- The Threshold: BAC of 0.01% or higher.
- Nature of Offense: Civil/Administrative offense.
- Key Penalty: Mandatory one-year driver’s license suspension imposed by the DMV. The only penalty for this violation is the license suspension.
Underage DUI Infraction
- The Threshold: BAC of 0.05% or higher but less than 0.08%.
- Nature of Offense: Infraction (a low-level traffic violation, not a crime).
- Key Penalties: Mandatory one-year license suspension, a fine (up to $300 for a first offense), and mandatory participation in a three-month or longer alcohol education program if the driver is over 18.
Standard DUI Misdemeanor
- The Threshold: BAC of 0.08% or higher OR driving while actually impaired by drugs or alcohol.
- Nature of Offense: Criminal Misdemeanor (charged the same as an adult DUI).
- Key Penalties: Potential jail time (up to 6 months), larger fines (up to $\$1,000$), three to five years of informal probation, and a mandatory DUI school.
As an underage DUI attorney in Oakland, we understand that protecting a young client often means preventing the misdemeanor charge (VC 23152) and mitigating the consequences of the administrative suspension (VC 23136).
The Dual Process: DMV and Criminal Court
An arrest for an underage DUI triggers two separate legal actions, and we must fight both simultaneously.
The DMV Administrative Per Se (APS) Hearing
This process begins immediately and is entirely separate from the court system.
- The 10-Day Deadline: The driver’s license is immediately confiscated, and a temporary 30-day license is issued. The driver has only 10 calendar days from the date of the arrest to contact the DMV and request an APS hearing. Failing to meet this deadline results in an automatic, mandatory one-year license suspension.
- Our Firm's Action: We file the request for the hearing immediately, preserve your right to drive, and represent you at the hearing to challenge the officer's probable cause for the stop and the accuracy of the BAC test.
The Criminal Court Case
Depending on the BAC level, the case will be handled in either traffic court (for infractions) or criminal court (for misdemeanors).
- Juvenile vs. Adult Court: If the driver is under 18, the case goes to Juvenile Court, which focuses on rehabilitation. If the driver is 18-20, the case proceeds in the Adult Criminal Court in Alameda County. We possess the 20 years of experience necessary to successfully navigate both court systems.
What to Expect in Oakland DUI Cases
These are the steps families commonly encounter in Oakland:
- Probation Department Intake: After an arrest, the Alameda County Probation Department reviews the case and may recommend formal or informal processing.
- Detention or Arraignment Hearing: Most minors appear at an initial hearing within a few business days, depending on the court schedule.
- Diversion or Adjudication: Some cases may qualify for diversion programs, which could result in dismissal if completed successfully. Others proceed to an adjudication hearing before a judge in Oakland.
- Potential Consequences: Penalties can include community service, counseling, education classes, or, in rare cases, time in a juvenile facility. Outcomes depend on case facts, previous history, and advocacy by your legal team.
The Alameda County juvenile system focuses on rehabilitation and second chances when possible. Our close knowledge of local practice helps us guide families with accuracy and insight.
Consequences and Why You Need an Oakland Underage DUI Lawyer
The immediate penalties are severe, but the long-term consequences of an underage DUI conviction can derail a young person's future.
- License Suspension: Mandatory one-year suspension for all levels, and unlike an adult suspension, a restricted license is difficult or impossible to obtain for Zero Tolerance violations.
- Academic Impact: A DUI record can negatively affect applications to colleges or technical schools, particularly those with honor codes or strict conduct policies.
- Insurance Costs: Insurance rates will drastically increase, often doubling or tripling, and the family will face the financial burden of an SR-22 insurance certificate.
- Juvenile Record: If the driver is under 18, the case is handled in Juvenile Court. While records are generally sealed, the underlying conviction or finding of guilt can still pose significant barriers.
With 20 years of experience, we prioritize minimizing or eliminating these future impacts for every client.
Urgent Legal Guidance for Underage DUI Charges in Oakland
When a minor is arrested for DUI in Oakland, families face urgent and confusing decisions. Legal deadlines come quickly, and protecting your child’s rights in those early stages is essential. If you are feeling overwhelmed or panicked, you are not alone. Our job is to relieve your legal burden and safeguard your child’s well-being throughout this challenging time.
Contact us as soon as possible after an arrest or citation. Taking action quickly helps preserve important options that may affect how the case unfolds. With 24/7 availability and same-day meetings, we provide practical guidance and calm, direct advice from your very first call. Our team assists with immediate issues such as securing release, gathering documentation, and protecting your child’s rights at each stage.
Every family deserves an advocate willing to listen without judgment and understands the unique aspects of underage DUI law in Oakland. You do not have to go through this alone.
Your Legal Options & How We Build a Strong Defense
Families confronting an underage DUI often get conflicting information. We bring clarity so you know your options and can make informed choices. Our defense process begins with a detailed review of all police and chemical test reports (such as breath or blood tests that may have occurred at Oakland facilities).
We check for procedural errors, missteps during the stop, and issues with evidence handling—all of which can affect how the court views your case. Our focus on drug crimes also informs our approach in underage DUI cases.
Our Consultation Process
When you call, you will connect with an experienced team member—often Attorney Costy—who listens to your concerns and asks questions to understand your needs. We outline every step of our process so you are never left wondering what comes next.
From urgent advice immediately after arrest to ongoing guidance through Alameda County’s courts, we maintain transparency and reliability throughout your case.
We have built a reputation for patience, honesty, and attentive communication. Your experience with us is designed to build confidence and trust—from start to finish.
Take Control of Your Child’s Future—Contact Our Oakland Defense Team Today
Your decisions today are vital for your child's well-being. When you contact us, you receive prompt, knowledgeable support and a team focused on your family’s future. There is no cost or obligation to talk with us—just honest, practical help when you need it most.
We are available 24/7 for urgent cases, provide confidential and free consultations, and work to resolve your concerns with clarity and compassion. Let us help you take the first step toward a better outcome for your child, backed by local knowledge and genuine care.
Contact us now at (510) 254-3945 to schedule your free consultation. We are here whenever you need support.
Frequently Asked Questions
How will an Underage DUI in Oakland affect my child’s future?
An underage DUI can lead to several consequences, but the actual impact depends on the outcome of the case, school policies, and your child's background. Successful completion of a diversion program or certain court requirements in Alameda County can help avoid a permanent record. If a conviction occurs, it could impact education, job applications, or some scholarships. Our team aims to reduce these risks by pursuing the best possible result and sharing practical advice for school or licensing challenges.
What should we do immediately after a DUI arrest?
If your child is arrested for DUI, the first priority is their safety and ensuring they do not make statements that could harm their case. Contact our team right away—our 24/7 response ensures we protect your child’s rights from the start. Save any paperwork you receive, note details of the incident, and avoid discussing the case with law enforcement until you have guidance. We will walk you through every urgent decision from the start.
Can your team meet with us today?
Yes. We strive to meet families as soon as possible, often on the same day you contact us. Our initial consultation is free and meant to provide clarity right when you need it. Call (510) 254-3945 to set up a confidential meeting with Attorney Costy or a member of our team. We start helping you find answers immediately.
Will my child have to appear in Oakland court?
Most underage DUI cases in Oakland require at least one court appearance at Alameda County Juvenile Court. In some cases, your attorney can handle certain aspects on your behalf, especially for less serious charges such as misdemeanors. We guide you through each stage, attend all hearings with your family, and prepare your child for the process. Having experienced counsel beside you reduces uncertainty and stress.
How do you investigate Underage DUI cases?
We conduct a thorough investigation of every case we handle. This includes reviewing the police report, examining chemical test results from local facilities, and ensuring law enforcement followed required procedures. We interview witnesses and look for factors such as improper equipment calibration or lack of probable cause. Throughout the process, we explain our findings and strategies, so you know how we build your child’s defense.
How can I ensure my child is treated fairly?
The best way to support your child is to work with a team that values open communication and strong advocacy. At Demetrius Costy Law, our approach focuses on respect and second chances whenever possible. We highlight your child’s strengths and work with the Oakland courts and probation officers to seek fair outcomes. Our goal is always to keep your family informed and included in every decision.
