Colorado has some of the strictest laws in the country when it comes to underage drinking and driving. The state enforces a “zero tolerance” policy that holds drivers under 21 to a much higher standard than adults. This means that even a very small amount of alcohol in your system can result in a criminal charge. Many young drivers and their parents are shocked to learn how serious the consequences can be, even for a first offense. Understanding what happens if you are caught drinking and driving under 21 in Colorado is essential for protecting your future.
For adults 21 and older, the legal blood alcohol concentration (BAC) limit is 0.08 percent. For drivers under 21, however, the threshold is dramatically lower. Colorado law states that a BAC of just 0.02 percent is enough to justify a charge. This standard reflects the fact that individuals under 21 are not legally allowed to consume alcohol at all. In practice, it means that even one drink, or in some cases even less, can lead to legal trouble.
This zero-tolerance policy was designed to discourage young people from drinking and driving by making it clear that no amount of alcohol is acceptable. It also reflects concerns about the risks associated with inexperienced drivers who may be more likely to make mistakes behind the wheel. For underage drivers, the stakes are high, and the consequences begin as soon as law enforcement suspects impairment.
One of the first consequences of being caught drinking and driving under 21 is the administrative process through the Colorado Division of Motor Vehicles (DMV). This process is separate from the criminal court system and can result in penalties that take effect quickly, sometimes even before the criminal case is resolved. The DMV has the authority to suspend a young driver’s license, which can create immediate challenges for school, work, and daily responsibilities.
For a first offense, an underage driver typically faces a three-month license suspension. A second offense may result in a six-month suspension, and a third offense can carry a one-year suspension. In addition, reinstating a license often requires completing an alcohol education program, paying fees, and in some cases, installing an ignition interlock device. These administrative penalties may feel just as burdensome as the criminal penalties and can disrupt a young driver’s independence and opportunities.
In addition to DMV consequences, criminal penalties also apply. The specific charges depend on the BAC level and the circumstances of the incident. If the BAC is between 0.02 and 0.05 percent, the offense is usually treated as underage drinking and driving (UDD), which is classified as a traffic infraction. If the BAC is above 0.05 percent, more serious charges may apply, including driving while ability impaired (DWAI) or driving under the influence (DUI).
Penalties for underage DUI can include fines, probation, mandatory alcohol education classes, community service, and in some cases jail time. Repeat offenders face harsher penalties, and the consequences increase if an accident occurred or if the underage driver was also charged with another offense, such as reckless driving or possession of alcohol. Even when jail time is not imposed, the combination of fines, court costs, and related expenses can add up quickly, placing a financial burden on both the young driver and their family.
The impact of an underage DUI does not end with fines or license suspensions. The long-term effects can be just as damaging, if not more so. Having a DUI on your record can make it difficult to obtain affordable car insurance, as rates typically rise sharply after a conviction. Many insurance companies view drivers with DUI convictions as high-risk, which may result in years of higher premiums or even cancellation of coverage.
For students, an underage DUI can create problems at school. Some colleges and universities impose disciplinary measures for criminal convictions, which could include suspension or loss of scholarships. Career plans can also be disrupted, particularly for professions that require a clean criminal record, background checks, or security clearances. A single mistake can create obstacles that affect employment and education for years to come.
When a teenager or young adult is charged with underage DUI, parents often play a critical role in helping them through the process. Parents may be required to participate in meetings, pay fines, and provide transportation during a license suspension. Just as importantly, parents can help ensure their child receives proper legal representation. Although it may be tempting to treat the incident as a “learning experience,” the consequences of underage DUI are too serious to take lightly. Proactive involvement can make the difference between a conviction that follows a young driver for years and a more favorable outcome.
Legal representation is one of the most effective ways to minimize the consequences of an underage DUI charge. An attorney can evaluate the details of the case to determine whether law enforcement followed proper procedures during the traffic stop and arrest. For example, an attorney may challenge the accuracy of the BAC test or the legality of the stop itself. In some cases, evidence may be excluded if the proper steps were not followed, which could lead to reduced charges or dismissal.
A lawyer can also negotiate with prosecutors to seek alternative resolutions, such as diversion programs, deferred judgments, or reduced penalties. These options may help young drivers avoid a permanent criminal record while still addressing the underlying issues. Because every case is unique, having a defense attorney ensures that all possible strategies are considered and pursued effectively.
For many young drivers, being charged with underage DUI is a wake-up call. While the legal system imposes strict penalties, it also provides opportunities for rehabilitation and second chances. Completing alcohol education classes, community service, or treatment programs can demonstrate responsibility and help reduce the long-term impact of a charge. With the help of an attorney, young drivers can focus on moving forward rather than being defined by one mistake.
At the Law Office of James Colgan, we understand how stressful and overwhelming underage DUI charges can be for both young drivers and their families. Our team is committed to protecting your rights, challenging weak evidence, and working toward the best possible outcome in your case. We believe in fighting for your future and helping you move past this difficult situation.
If you or your child has been arrested for underage drinking and driving in Colorado, do not wait to get help. Contact us today to schedule a consultation and learn how we can build a strong defense tailored to your circumstances. The right representation can make all the difference in protecting your record, your license, and your future.
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