Driving under the influence (DUI) is a serious offense with severe consequences, and the stakes are even higher for drivers under 21. Colorado has strict laws and penalties for underage DUI to deter young drivers from consuming alcohol and driving. This article provides an in-depth look at underage DUI laws in Colorado, the penalties involved, and the importance of consulting a Colorado DUI attorney if you or a loved one faces these charges.
Zero-Tolerance Policy for Underage Drivers
Colorado enforces a zero-tolerance policy for underage drinking and driving. This means that drivers under 21 can be charged with DUI if they have any measurable amount of alcohol in their system. While the legal Blood Alcohol Content (BAC) limit for drivers 21 and older is 0.08%, for drivers under 21, the threshold is significantly lower.
- BAC of 0.02% to 0.05%: This range typically results in an Underage Drinking and Driving (UDD) charge.
- BAC of 0.05% to 0.08%: Drivers in this range may be charged with Driving While Ability Impaired (DWAI).
- BAC of 0.08% or higher: This level results in standard DUI charges, similar to those faced by drivers over 21.
Penalties for Underage DUI
The penalties for underage DUI in Colorado vary depending on the BAC level and whether it is a first or subsequent offense.
1. Underage Drinking and Driving (UDD)
- First Offense:
- Fines: Up to $150
- Community Service: 24 hours
- License Suspension: Three months
- Alcohol Education: Mandatory alcohol education classes
- Second Offense:
- Fines: Up to $150
- Community Service: 24 to 48 hours
- License Suspension: Six months
- Alcohol Education: Mandatory alcohol education classes
- Third or Subsequent Offense:
- Fines: Up to $150
- Community Service: 36 to 48 hours
- License Suspension: One year
- Alcohol Education: Mandatory alcohol education classes
2. Driving While Ability Impaired (DWAI)
- First Offense:
- Fines: $200 to $500
- Jail Time: Two to 180 days
- Community Service: 24 to 48 hours
- License Suspension: Eight months
- Subsequent Offenses: Penalties increase with additional fines, longer jail time, extended community service, and longer license suspension periods.
3. Driving Under the Influence (DUI)
- First Offense:
- Fines: $600 to $1,000
- Jail Time: Five days to one year
- Community Service: 48 to 96 hours
- License Suspension: Nine months
- Subsequent Offenses: Penalties increase significantly with harsher fines, extended jail time, longer community service hours, and prolonged license suspension periods.
Special Considerations for Minors
In addition to the standard penalties, minors face unique challenges and considerations when charged with DUI:
- Impact on Education: A DUI conviction can affect college admissions and eligibility for scholarships. Many educational institutions have strict policies regarding criminal records.
- Employment Consequences: Future job prospects can be hindered by a DUI conviction, especially in fields requiring a clean driving record or background check.
- Parental Involvement: Parents or guardians are typically involved in the legal process for minors, adding another layer of stress and accountability.
- Juvenile Court: Depending on the age of the driver and the circumstances, underage DUI cases may be handled in juvenile court, which focuses more on rehabilitation than punishment.
The Role of a Colorado DUI Attorney
Navigating the legal system for an underage DUI charge is complex and challenging. A Colorado DUI attorney can provide essential assistance in several ways:
- Legal Expertise: An experienced attorney understands the nuances of Colorado’s DUI laws and can explain the charges and potential penalties.
- Defense Strategy: An attorney can develop a robust defense strategy, potentially reducing charges or penalties. They can challenge the accuracy of breathalyzer or blood test results and ensure proper procedures were followed during the arrest.
- Negotiation Skills: An attorney can negotiate with prosecutors to seek alternative sentencing options, such as diversion programs or reduced penalties.
- Support and Guidance: An attorney provides support and guidance throughout the legal process, helping minors and their families understand their rights and options.
Underage DUI in Colorado carries significant penalties and long-term consequences, affecting education, employment, and personal life. Understanding the laws and penalties is crucial for minors and their families. If you or a loved one is facing an underage DUI charge, consulting a Colorado DUI attorney is essential. With their expertise, you can navigate the legal complexities and work towards the best possible outcome, protecting your future and ensuring your rights are upheld.