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Underage Drinking and Driving in Colorado (UDD)
Mon, 28 February, 2011
Underage drinking and driving is a common charge in Colorado Courts and can carry serious consequences. In Colorado, underage drinking and driving (UDD) is charged when a person under 21 years of age has a blood alcohol content (BAC)over a .02 up to a .05 . UDD is a class A traffic infraction for the first offense. Additional penalties include mandatory fines, public service and alcohol treatment. A second offense for UDD becomes a Class 2 Traffic Misdemeanor and carries additional penalties.
Although the presumptive legal BAC limit for adults is a .05, underage drivers face UDD penalties at this lower threshold. See Colorado Revised Statute 42-4-1301 (2)(a.5)(1).
“It is a class A traffic infraction for any person under twenty-one years of age to drive a motor vehicle or vehicle when the person’s BAC, as shown by analysis of the person’s breath, is at least 0.02 but not more than 0.05 at the time of driving or within two hours of driving or within two hours after driving.”
In addition to penalties commonly associated with a Class Traffic infraction, person’s convicted of UDD also face additional consequences of up to 24 hours of community service/useful public service (UPS) and an alcohol evaluation or alcohol assessment and treatment at the person’s own expense.
License consequences for a minor driver with a UDD conviction are also possible. On a first conviction for a UDD offense a minor driver faces a three month license suspension. A minor driver, however, may request a probationary license after the first 30 days, after which the minor driver must keep the probationary license for an additional two months. (i.e. the suspension and revocation together must equal a total of three months.) A probationary license is given at the discretion of the DMV hearing officer and is not an automatic condition of the revocation. See C.R.S 42-2-125.
On a second offense for UDD, a minor driver faces a six month driver’s license revocation. On a third or subsequent offense for underage drinking and driving a minor driver faces a one year driver’s license revocation.
It should also be noted that a minor driver under 21 years of age can also face traditional DUI and DWAI charges if their BAC (blood alcohol content) is over .05. If a minor driver is charged with a DUI or DWAI they face a one year license revocation for the first offense, and additional penalties in the criminal case.
If you, or your son or daughter has been charged with a DWAI, DUI, UDD or DUI per se, know that these charges are serious and can have lasting repercussions on a young person’s future. It can affect their ability to drive, their criminal record, their driving record, insurance rates, and even possible jail time. A Colorado DUI lawyer can help with the DMV and driver’s license considerations as well as defend you or your child in the criminal case. Please visit our Colorado DUI FAQ page to learn more about drinking and driving laws in Colorado. If you would like to speak to an experienced Colorado Springs Drunk Driving Attorney feel free to contact us via e-mail or call us at (719)227-0022.
We offer a free consultation on all Underage drinking and driving, DUI, DUI per se, and DUI cases.