Getting charged under Colorado Revised Statutes 42-4-1301(2)(d) can feel overwhelming, especially if you’re under 21 or the parent of a teen driver. This section of Colorado law, often referred to as underage drinking and driving (UDD), applies even when the amount of alcohol in your system is well below the adult legal limit.
If you or someone you love is facing UDD charges, there’s help available. Attorney Mark S. Rubinstein can break down what this law means, the penalties it carries, and how a defense crafted with his experience can help make a difference in your case.
What Counts As Underage DUI Under Colorado Law?
In Colorado, underage drivers under the age of 21 can be charged with underage drinking and driving if their blood alcohol concentration (BAC) is at least 0.02% but less than 0.05%. This is significantly lower than the 0.08% BAC limit for adult drivers.
Colorado has a zero-tolerance policy when it comes to alcohol and underage drivers. That means even one beer, a glass of wine, or a shot could put a young driver over the legal threshold. For example, a 19-year-old caught driving home after one drink at a party might blow a 0.03%, well under the adult limit but still enough for a UDD.
How Is UDD Different from a Standard DUI?
Underage driving under the influence (DUI) charges differ from standard DUI or driving while ability impaired (DWAI) charges in one key way, the BAC threshold:
- UDD—BAC between 0.02% and 0.049%;
- DWAI—BAC between 0.05% and 0.079%; and
- DUI—BAC of 0.08% or more.
Once an underage driver’s BAC reaches 0.05% or more, they might face both a UDD charge and either a DUI or a DWAI charge, depending on the specifics of the situation. So, while the BAC thresholds differ, exceeding that 0.05% mark can lead to more serious consequences for younger drivers.
Punishment for Underage DUI in Colorado
Colorado typically charges UDD as a class-A traffic infraction, but the penalties can still be serious.
For a first UDD offense, the consequences may include:
- A fine of up to $150,
- Up to 24 hours of public service,
- Four points on your driver’s license, and
- License suspension for three months.
A second or third UDD is typically a misdemeanor with steeper penalties, including
- Fines up to $300,
- Up to 90 days in jail, and
- Longer license suspensions and alcohol education courses.
The penalties vary depending on BAC level, age, and past convictions.
Additional Consequences Beyond the Courtroom
The impact of UDD convictions extends far beyond fines and license issues, significantly affecting a young person’s future through:
- Increased insurance premiums or policy cancellations,
- Disqualification from college scholarships,
- Loss of eligibility for school activities or sports programs, and
- Difficulties with employment or military recruitment.
The punishment for underage DUI in Colorado can have a lasting impact on someone’s life. Even a relatively minor conviction can follow a young driver for years. That’s why a strong legal response is crucial.
Common Defenses in UDD Cases
There are several defenses that an attorney may explore based on the details of your case. Some common examples include:
- Questioning the stop. If the police didn’t have a valid reason to pull the driver over, the charge may not stand.
- Challenging test accuracy. Breathalyzers and blood tests must follow strict protocols. Any deviation could invalidate the results.
- Exploring medical or dietary factors. Certain conditions or substances (like cold medicine or keto diets) can skew BAC readings.
- Rising BAC defense. Alcohol takes time to absorb. If your BAC rose after driving, the actual level during operation may have been legal.
Defenses must be tailored to the facts of each case, which is why early legal consultation is critical.
Can Underage DUI Be Dismissed in Colorado?
Yes, depending on the circumstances. Many UDD cases involve procedural errors, faulty equipment, or improper stops. Some potential grounds for dismissal include:
- Lack of probable cause to stop the vehicle,
- Improper administration of the breath or blood test,
- Faulty or uncalibrated testing devices, and
- Rising BAC or residual alcohol from mouthwash or medication.
Even if outright dismissal is not possible, negotiation or alternative sentencing programs can help reduce or minimize the charges and penalties.
How a Lawyer Can Protect Your Child’s Record and Future
UDD cases may seem minor, but the consequences are real and escalate with additional offenses. A defense attorney can:
- Review the traffic stop and test procedures,
- Identify flaws in the prosecution’s evidence,
- Negotiate for reduced charges or alternative sentencing,
- Represent you in Department of Motor Vehicle (DMV) and court hearings.
Knowing the legal system and its potential long-term effects is essential for anyone in this situation. A knowledgeable attorney can help you find a solution and move on with your life.
What Sets Mark S. Rubinstein, P.C. Apart
I’ve spent over 30 years representing people across Colorado, including young drivers and their families. My practice is personal. I handle every case myself and take the time to listen and build trust. I understand how a single mistake at a young age can carry lifelong consequences, and I work to protect your future, not just your court record.
Don’t Let a UDD Charge Define Your Future
If you or someone you love faces charges under 42-4-1301(2)(d), the stakes are too high to wait and hope for the best. A thoughtful, aggressive defense could distinguish between a temporary setback and a lasting record.
Reach out to Mark today by calling us at 970-319-3306 or filling out the secure contact form to discuss your case, build a personalized defense, and protect your record, freedom, and future opportunities.
Frequently Asked Questions
Can a Minor Go to Jail for UDD?
While first offenses may result in fines and community service, second or third offenses can include jail time. Courts may also impose probation, mandatory alcohol education programs, and license suspension extensions.
What Is the Legal BAC Limit for Drivers Under 21 in Colorado?
Any BAC of 0.02% or greater can result in a UDD charge. This includes minimal alcohol consumption, often less than a full drink. Colorado law is strict in this area to promote road safety and discourage underage drinking entirely.
Will a UDD Affect College Applications or Scholarships?
It might. Many schools ask about criminal history and some scholarships require a clean record. A UDD conviction can affect eligibility and may influence admissions or scholarship interviews.
Can UDD Charges Be Expunged or Sealed?
Yes, in some cases, but not all. Colorado has strict rules about expungement and sealing DUI-related offenses, and eligibility depends on the case outcome and prior history. Your lawyer will help you determine if you qualify and petition the court for expungement.
Resources:
- Colorado Legislature, Colorado Law Summary: Colorado Drunk Driving Laws. (2024), link.
- No DUI Colorado, FAQ, link.
Colorado Department of Revenue, Division of Motor Vehicles, Alcohol and Drug Education Treatment link.