Colorado’s zero-tolerance policies for underage drinking and driving (UDD) allow for penalties to significantly increase with each infraction. These charges are serious and are worth fighting. Though laws may seem less severe for a first-offense underage DUI in Colorado, the effects of a conviction on a minor’s life should be taken into consideration.
Penalties Apply to all Colorado DUIs
Each arrest for DUI in Colorado carries penalties regardless of the number of convictions. An arrest for UDD occurs when your blood alcohol concentration (BAC) is more than 0.02% but less than 0.05%. Requesting a DMV administrative hearing to contest a license revocation is possible. A Colorado motor vehicle hearing request must be submitted in writing within seven days of the charges. However, losing a UDD case in criminal court will result in the revocation of your license, which is a separate process from the administrative process with the Colorado Department of Revenue (CDOR). Penalties include:
- Court-related costs and surcharges
- Beneficial community service to include fees
- 4 Points against your license
- Attendance in a drug and alcohol education treatment program
- Drug and alcohol evaluation
An underage DUI will be addressed in court as well as with the CDOR. A Colorado underage DUI lawyer can provide straightforward guidance through the Colorado legal and criminal processes for underage DUI and work to minimize costs and time.
First Offense UDD in Colorado
Colorado does not classify a first-offense underage DUI as a crime. Instead, it is a traffic infraction. Jail sentences are avoided in favor of the following penalties:
- 3-month license revocation
- Fines of $100
- 24-hour community service
- Drug and alcohol education
Though penalties for a first offense UDD in Colorado are less severe, any consecutive UDD charges are a crime. Purchasing alcohol in Colorado requires an individual to be at least 21 years old, which means that anyone supplying alcohol to you may also face class 2 misdemeanor charges under Colorado’s social host laws (C.R.S. §44-3-801(3)(a)(I)).
Underage DUI With a BAC Over 0.05%
Having a BAC above 0.05% changes the legal implications of an underage DUI from a traffic infraction to misdemeanor charges. You will face the same punishments as an adult. For a BAC above 0.05% but less than 0.08%, expect the following penalties:
- Charges of driving while ability impaired (DWAI)
- Jail time extending from 2 to 180 days
- Fines ranging from $200-500
- 8 points against your license
- 24 to 48 hours of community service
Registering a BAC of 0.08% or higher while driving or within two hours of driving is a DUI. Charges of a Colorado DUI require underage drivers to follow the DUI process.
Future Impacts of an Underage DUI in Colorado
Once a driver turns 21, a Colorado UDD conviction may be expunged from your record if no other DUI convictions occur, your case is closed, you never were licensed to drive commercially, and were not driving a commercial vehicle at the time of an arrest. Sealing a record for DWAI and DUI convictions is not possible.
In addition to the potential impacts on your criminal record and driving record, a DUI underage driving conviction may lead to disqualifications from scholarships, future professional licensing, and other opportunities. There are options to fight an underage driving charge and the potential for significantly improved outcomes. Securing the representation of a Colorado underage DUI attorney immediately following arrest is always recommended.