Teenagers and car keys—a seemingly perfect recipe for freedom. But throw alcohol into the mix, and the potential for disaster exponentially increases. Teen drunk driving is a serious issue with far-reaching consequences. In 2021, nearly 20% of fatal crashes involving drivers aged 15–18 involved the presence of alcohol.
If you’re a Colorado parent, guardian, or teen who is concerned about what happens if you get a DUI as a teenager, this article explains the legal penalties and the potential long-term impacts.
Colorado’s Teen Drunk Driving Law
Colorado takes teen drunk driving very seriously and enforces a strict zero-tolerance policy for underage drivers and alcohol.
What Is the Legal BAC for Teen Drivers?
In Colorado, any driver under 21 with a blood alcohol concentration (BAC) of 0.02% or higher is committing an offense. This offense is often referred to as underage drinking and driving (UDD) and is codified in the Colorado Revised Statutes Section 42-4-1309(2)(d).
The much lower BAC limit for teenagers highlights the state’s focus on preventing even a minimal amount of alcohol from impairing young drivers.
What Happens If You Get a DUI at 17?
The consequences of a teen DUI conviction in Colorado are swift and severe. Here’s a breakdown of potential penalties.
First Offense Consequences
A first-time UDD offense in Colorado is considered an infraction rather than a criminal offense but carries substantial consequences. Here’s a breakdown of what a teenager can expect:
- Driver’s license suspension—mandatory three-month suspension of driving privileges;
- Fines and fees—fines can reach up to $150, plus additional court costs;
- Community service—up to 24 hours of community service may be court-ordered; and
- Alcohol and drug evaluation and education—programs designed to educate teenagers about the dangers of alcohol and drugs while driving are mandatory.
A first-time UDD offense may also result in the requirement to attend a victim impact panel, where individuals share their personal experiences with impaired driving. The goal of these programs is to help young drivers understand the severe consequences of certain actions and to help them take responsibility for their choices.
Second and Subsequent Offenses
The penalties become significantly harsher for repeat offenders. Subsequent DUI offenses can result in:
- Jail time—up to 90 days in jail;
- Increased fines—fines can reach up to $300;
- Longer license suspension—license suspension periods can extend up to nine months;
- Ignition interlock device (IID)—the driver must pass a breathalyzer test before the device will allow the car to start;
- Probation—the court might impose probationary terms and conditions;
- Mandatory alcohol education or treatment—the court could require repeat offenders to attend alcohol education or treatment programs; and
- Community service—courts could also order community service as part of the probationary penalties for subsequent DUI offenses.
Repeat offenders may face heightened scrutiny from law enforcement, including random breathalyzer tests and increased traffic stops.
What to Expect—Court Proceedings
The legal process following a teen DUI arrest involves several steps. Initially, your teenager can have an administrative hearing with the Department of Motor Vehicles (DMV) to discuss the suspension of their driving privileges.
Separately, they will also go through criminal court proceedings. The court process includes:
- Arraignment—your teen is formally charged and enters an initial plea;
- Pre-trial hearings—this is a status hearing to assess the case’s progress, but motions may be filed or heard, and plea bargains may be discussed or accepted;
- Trial—if no plea agreement is reached, the case goes to trial, evidence is presented, the jury delivers a verdict; and
- Sentencing—if found guilty, the judge will impose penalties based on Colorado DUI laws.
A competent DUI attorney can significantly influence the outcome of these proceedings. An experienced lawyer like Mark S. Rubinstein can help navigate the legal complexities, potentially reducing penalties and achieving a more favorable outcome.
Long-Term Impacts of a Teen Drunk Driving Charge
The consequences of a DUI for a teenager extend beyond immediate legal and practical implications. A DUI conviction will have long-lasting effects on a teenager’s future, including the following:
- Educational roadblocks. Colleges and universities may deny admission to applicants with a criminal record. Some scholarships and financial aid programs also exclude students with DUI convictions.
- Employment challenges. Many employers conduct background checks, and a DUI can hinder job opportunities. This is especially true in fields such as transportation that require driving or roles that mandate a clean criminal record.
- Insurance hurdles. Car insurance premiums typically increase significantly after a DUI conviction, adding financial strain. In some cases, insurers may deny coverage.
- Social and personal impact. The stigma of a DUI can affect personal relationships and social standing.
These potential impacts underscore the importance of taking a teen DUI charge seriously and seeking professional legal help.
FAQs
Can a Teenager Get a DUI for Being a Passenger in a Car with a Drunk Driver?
No, a DUI applies only to the driver of the vehicle. However, a teenager can be charged with being a minor in possession (MIP) if they are under 21 and have alcohol in their system.
What If My Teen Refuses a Breathalyzer Test?
Under Colorado’s express consent laws, law enforcement can administer a chemical test if the officer suspects your child of driving under the influence or impaired.
Refusing a breathalyzer test can result in:
- An automatic license suspension,
- Classification as a Persistent Drunk Driver (PDD), and
- Use of an IID for at least two years.
The best way to deal with the possible legal ramifications and consequences is to consult an attorney.
What Should I Do If My Teenager Is Arrested for a UDD/DUI?
Contact an attorney immediately. Do not speak to the police without a lawyer present. An experienced DUI attorney can guide you through the legal process, explore legal options, and fight for the best possible outcome.
What Steps to Take After Your Teen Is Charged with a UDD?
Contact Mark S. Rubinstein, P.C., for an experienced Colorado UDD and DUI defense.
Dealing with a DUI charge is stressful and frightening for both teenagers and their families. With decades of experience, a deep understanding of Colorado DUI law, and a proven track record of success, we provide solid legal defense for teenagers facing UDD charges. Our steadfast dedication and careful attention to detail ensures your teenager will receive an exceptional defense.
Contact us today to explore your options and safeguard your child’s future.
