Underage drinking and driving is a serious offense in Colorado. Failure to take such charges seriously can result in loss of scholarships or internships, inability to qualify for certain jobs or career fields, and enhanced penalties for repeat offenses.

Denver Underage Drinking & Driving Defense Attorney

As a veteran drunk driving defense attorney in Denver, James Colgan has spent nearly three decades prosecuting and defending those accused of driving under the influence (DUI) or driving with ability impaired (DWAI). His extensive experience in the field has given him a deep understanding of the consequences individuals face when charged with these offenses. Conviction of DWAI or DUI will cost, on average, more than $10,000, including court costs, fines, fees, drug or alcohol counseling, and drastically increased insurance premiums. These financial burdens are just the beginning of the hardships that accompany such charges.

Many career fields will be closed to those with a drunk driving conviction on their record, particularly those that involve driving, or routine travel, as well as those involving law enforcement. This makes it even more crucial to seek experienced legal representation to mitigate the long-term consequences of a conviction. In some tragic cases, underage drinking and driving can lead to charges like vehicular manslaughter DUI, which carry even more severe penalties and can have life-altering impacts on a young person's future.

Furthermore, penalties increase for repeated DUI offenses committed by underage drivers. This means that young individuals not only face immediate legal consequences but also risk more severe repercussions if they re-offend. With a comprehensive approach, James Colgan strives to provide the best defense for his clients, understanding that every case has unique circumstances and deserves personalized attention.

In many cases, a juvenile may be charged with an adult DUI instead of a delinquency adjudication. This can leave a conviction on their permanent driving record, result in more serious criminal penalties for a subsequent conviction, and may carry a host of societal consequences, including an inability to hold certain professional licenses or work in certain professions. A conviction may even negatively impact college admissions or financial aid eligibility.

UDD DWAI and DUI Defense in Denver

Virtually any amount of alcohol in a young person’s system is enough to get them convicted of underage drunk driving. UDD charges may be issued for a BAC of .02 to .05; DWAI charges may be filed with a BAC of more than .05 and less than .08; and DUI charges filed at .08 and above.

Underage drunk driving (UDD), sometimes called a “baby DUI,” is punishable by a 3-month license suspension, and 24 hours of public service. However, of even greater consequence is that it puts a young driver in law enforcement databases, making it much more likely they will be targeted and stopped again and again. Additionally, underage drivers with a BAC punishable by a charge of DWAI and DUI will face those adult charges, along with all of the associated consequences.

In such cases, a defense of both the administrative and criminal cases will be necessary. Those convicted of UDD may be able to get restored driving privileges after a period of 30 days. In many ways, contesting the administrative case can be more difficult than contesting the criminal case. However, even when administrative sanctions cannot be averted, determining all of the evidence that will be used against a defendant in the criminal case can have many benefits.

Those who test higher will face the same consequences as adults.

Blood-alcohol content of .05-.0799 is considered driving with impaired ability (DWAI).
Blood-alcohol content of .08 is the legal threshold for driving under the influence (DUI).
Blood-alcohol content of .15 or higher is considered persistent drunk driving and comes with enhanced fines and other penalties.

Previous convictions will increase the penalties in the event you are arrested in the future. While nobody plans to be arrested the first time, veteran Denver drunk driving defense lawyers know a conviction on your record makes it much more likely you will face additional traffic stops for years to come.

Offense	Class	Incarceration	Fine	Public Service
DWAI	Misdemeanor	2-180 days	Up to $500	24-48 hours
DUI	Misdemeanor	5 days - 1 yr	Up to $1000	48-96 hours
DWAI/DUI 2nd	Misdemeanor	10 days - 1 yr	Up to $1500	48-120 hours
DWAI/DUI 3rd	Misdemeanor	60 days - 1 yr	Up to 1500	48-120 hours
DWAI/DUI 4th	Felony	2-6 years (3yrs parole)	–	48-120 hours

Marijuana DUI Defense

The legalized status of marijuana in Colorado has led to increasing attempts to penalize motorists for driving under the influence of THC, the active ingredient in marijuana smokeables and other consumable marijuana products.

If a defendant's blood contains 5 nanograms or more of delta-9 THC (the active substance in some marijuana) per milliliter in whole blood, there is a permissible inference that the defendant was under the influence.

This arbitrary limit is problematic for many reasons. Chronic users may have higher base blood levels and different people metabolize marijuana at different rates, although even for fast metabolizers and casual users the drug usually remains in the system for a week or longer. Additionally, the strength of marijuana and whether it was smoked or ingested will also impact results, as will the presence of THC-8 or THC-10 or other THC derivatives.

Failure to comply with a request for blood, urine or other testing may be used against you but is typically a better option than providing the state with a failed test to use against you in court. While it may not stop an administrative penalty (license suspension) it can prevent a criminal conviction in some cases. The law presumes that every driver has consented to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that the person is DUI or DWAI. Refusal to take the test is both admissible in court and a basis for revocation of a driver's license.

DUI Defense for College Students in Denver

In Denver and surrounding towns, revenue from municipal court DUI convictions is a primary funder of the criminal justice system. Targeted enforcement against college students often occurs in the areas around local campuses and the bars, clubs and restaurants that serve them. This includes the Community College of Denver, Colorado Heights University, Colorado Christian University, Iliff School of Theology, Johnson & Wales University- Denver, Metropolitan State University of Denver, Regis University, Red Rock Community College, Rocky Mountain, College of Art and Design, University of Colorado Denver and the University of Denver.

Denver Drunk Driving Defense Attorney James Colgan takes great care in representing young adults facing drunk driving and other charges. He believes such mistakes are a part of maturing and should not follow them into adulthood.

Call the Law Office of James Colgan at 720-909-6425 for a free and confidential consultation to discuss your rights.

Frequently Asked Questions

What is the legal BAC limit for underage drivers in Northglenn, Colorado?

The legal BAC limit for underage drivers in Northglenn, Colorado, is between 0.02 and 0.05 for charges of underage drinking and driving (UDD). If the BAC is more than 0.05 but less than 0.08, the driver can be charged with driving while ability impaired (DWAI), and if the BAC is 0.08 or higher, they can be charged with DUI. Colorado's zero-tolerance policy means that any detectable amount of alcohol in an underage driver's system can result in charges. The penalties for these offenses can include fines, license suspension, and mandatory alcohol education classes. Consulting with an underage DUI defense attorney can help navigate these charges.

What are the consequences of an underage DUI conviction in Colorado?

The legal BAC limit for underage drivers in Northglenn, Colorado, is between 0.02 and 0.05 for underage drinking and driving (UDD). If the BAC exceeds 0.05 but is less than 0.08, the driver can be charged with driving while ability impaired (DWAI). A BAC of 0.08 or higher results in a DUI charge. Penalties for UDD include a 3-month license suspension and 24 hours of public service, with more severe penalties for higher BAC levels and repeat offenses. An underage DUI defense attorney can work to minimize these consequences and protect your future.

How can an underage DUI defense attorney assist me in Northglenn, Colorado?

An underage DUI defense attorney in Northglenn, Colorado, can help by challenging the evidence against you, such as questioning the accuracy of breathalyzer tests and the legality of the traffic stop. They can negotiate with prosecutors to reduce charges or penalties and represent you in court to ensure your rights are protected. Additionally, they can help minimize the long-term consequences of a conviction, such as impacts on your driving record and future opportunities. Our expertise is crucial in navigating the complexities of underage DUI laws and ensuring your rights are protected.

Can an underage DUI affect my college admission or financial aid in Colorado?

Yes, an underage DUI can affect your college admission or financial aid in Colorado. A conviction can be reported on your criminal record, which colleges and financial aid programs may review during the application process. This can lead to denial of admission, scholarships, or financial aid. Additionally, certain career fields and professional licenses may become inaccessible due to the conviction's long-term impact. Consulting with a defense attorney can help mitigate these potential impacts. Reach out to us for more information about your case.

Additional Information in Northglenn, Colorado

Colorado Department of Transportation - Teen Driving Restrictions: Outlines specific rules for young drivers, including passenger limitations, mandatory seat belt use, a ban on cell phone use, and a curfew for new drivers. It also emphasizes a zero-tolerance policy for underage drinking and driving, noting the severe consequences for any detectable alcohol in underage drivers. This information can be useful in an underage DUI defense case to understand the strict regulations and potential penalties, which may help in negotiating or contesting the charges.

Mothers Against Drunk Driving (MADD) - Underage drinking: Do you know the facts?: Comprehensive facts and statistics about the dangers and legal implications of underage drinking. It emphasizes the severe consequences, including the impact on health, safety, and legal status. The page also highlights prevention strategies and the importance of parental involvement in reducing underage drinking. This information is valuable in an underage DUI defense case by showcasing the context of underage drinking laws and emphasizing preventive measures that might support the defense's arguments.

National Institute on Alcohol Abuse and Alcoholism - Get the Facts About Underage Drinking: Comprehensive information about the prevalence, risks, and consequences of underage drinking. It outlines how alcohol use affects youth health and safety, including impairing judgment and increasing the likelihood of accidents and violence. The page also details preventive strategies, such as individual, school, family, and community interventions. This information can support an underage DUI defense by highlighting the broader context of underage drinking and the importance of addressing it through education and prevention.

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