Under-Age Drinking & Driving Attorneys in Colorado Springs

In Colorado, it is illegal for a person below the age of 21 to consume or possess alcohol, with a few exceptions. If an individual under 21 years of age operates a vehicle while under the influence of alcohol, they will face a class A traffic infraction for a first offense. For a second or subsequent offense, they will be charged with class 2 traffic misdemeanor. There is a zero-tolerance law in Colorado.

It is illegal for drivers under the age of 21 years to operate an automobile with a blood alcohol content (BAC) level of 0.02 to 0.05, irrespective of whether the person appears and feels sober. In simple terms: A single beer could lead to a drunk driving conviction.

UDD Offenders: Administrative Penalties

In general, the Colorado Division of Motor Vehicles (DMV) will revoke the license of any motorist who is apprehended for underage drinking and driving (UDD) and fails on a breathalyzer test. According to the implied consent law in Colorado, a BAC level between .02 percent and .08 percent constitutes a failed test for a motorist under the age of 21.

Following are the license revocation durations for UDD offenses:

• First offense: The license revocation is for three months following a first violation
• Second offense: For a second offense, the revocation period is six months
• Third or subsequent offense: The license revocation will be for a duration of one year following a third or subsequent offense

But if the BAC is not over .05 percent, the underage motorist can request a 30-day revocation period, followed by a two-month suspension. The driver can acquire a probationary license during the suspension period. A probationary license allows the holder to operate a vehicle for the purposes of education, health, employment, or alcohol or substance treatment or education.

UDD Violations: Criminal Penalties

The following penalties are associated with UDD violations:

• In the case of a first violation, it is a class A traffic infraction for an individual below the age of 21 to operate an automobile with a BAC of at least .02 percent but not greater than .05 percent. If the person commits a second or subsequent UDD violation, it is considered a class 2 traffic misdemeanor.
• Financial penalties: For an initial UDD conviction, the fine is $100, apart from court fees and surcharges. If there is a second or subsequent UDD conviction, the offender will face a fine between $150 and $300, along with court costs and surcharges.
• Jail time: There is no incarceration for a first time UDD conviction. But for a second or subsequent conviction, it is possible to receive jail time of 10 to 90 days.
• Public service: A UDD conviction can lead to up to 24 hours of public service, and any individual required to undertake public service must pay a fee of up to $120.
• Revocation of license: If the DMV does not revoke the defendant’s license administratively (as discussed above), the court will often revoke the license for three months following a first UDD conviction. In the case of a second UDD conviction, the license will be revoked for six months. For a third or subsequent conviction, the license will be revoked for one year.

If an underage driver is convicted for a first offense, they can request a 30-day license revocation. In case this request is granted, a two-month license suspension will follow it. The driver can get a probationary license during the suspension period for education, health, employment, and alcohol and substance treatment or education. The court may require the defendant to sign up for a driving education or alcohol and drug education and treatment program before granting a probationary license.

Alcohol/drug assessment and treatment

It is often a requirement for UDD offenders to complete and pay for an alcohol assessment, an education program, and/or treatment program.

Severity of the Consequences depends on BAC Level

If your BAC content falls between .05 and .079 percent, the consequences you will be facing are the same as described above. Also, you could potentially face time behind bars. Further, there will be more serious consequences for your driver’s license.

Your driver’s license will be revoked for a period of three months, and you cannot request a probationary license after 30 days for a first-time violation. Therefore, a first-time violation with a 0.06 percent BAC will lead to a mandatory three-month revocation with no relief.

Finally, if your BAC is .08 percent or higher, your case will be treated as an adult DUI offense.

What are the Other Repercussions of Teenage Drinking?

Teenagers and their parents should understand the additional legal repercussions of a teenager’s DUI, UDD, or DWAI conviction.

A teen drinking and driving conviction could put limitations on their college admissions and opportunities for employment. Many sports teams and school clubs do not allow anyone with a drinking and driving conviction to participate.

In such circumstances, our seasoned DUI lawyers can apprise you of your rights and legal alternatives, as well as how the law is applicable.

Additionally, underage drinking can adversely impact a teen’s academic performance and overall wellbeing.

If Your Teen Has been Arrested for a DUI, UDD, or DWAI Violation

If a teen’s drunken driving has caused property damage, personal injuries, or worse, the legal repercussions can be especially severe. In case this occurs, parents will need to consult a skilled DUI attorney as soon as possible.

Your teen may be faced with some real problems in future educational and professional opportunities if they are convicted of underage drinking and driving. However, an arrest does not automatically imply that your teenager will be convicted of an offense.

Our accomplished DUI lawyers will ensure that your child’s drinking and driving case reaches the best possible conclusion.

An Arrest Does Not Mean an Automatic Conviction

If you have been recently arrested for a violation, understand that an arrest is not equivalent to a conviction. Unless you receive a conviction at trial or enter a plea bargain, you will not face any of these repercussions. There may be viable defense strategies for your specific case. An experienced DUI attorney at the law offices of Anderson & Carnahan can assess your case and assist you in achieving the best possible result. Call today at (719) 473-9099 to speak to a skilled DUI lawyer.