If a person under the age of 21 was driving a vehicle and has a Blood Alcohol Content (BAC) of at least .02, but not over .05, they can be charged with underage drinking and driving (UDD.) Despite the fact that the legal limit for DUI in Colorado is .08, and the legal limit for Driving While Ability Impaired is .05, the law makes a distinction between people over 21 and people under 21. The law treats anyone under 21 more severely, even if they are an adult over the age of 18. Minors with a BAC greater than .05 will be charged with DUI or DWAI, the same as adults. UDD is an alcohol offense that is considered a lifetime offense in Colorado that will negatively affect the future of your underage loved one.
The first offense is classified as a class 1 traffic offense and carries license repercussions on your Colorado driver’s license. In addition, the court can impose up to 24 hours community service, an alcohol evaluation, and an alcohol treatment program at the defendant’s expense. A second violation is classified as a traffic misdemeanor, which means the person will have a criminal misdemeanor record. This can affect everything from school to employment and again has driver’s license repercussions and alcohol treatment.
How we can Help
The Denver DUI attorneys of Hebets & McCallin have handled over 1,000 DUI cases in Colorado, both as prosecutors and as defense attorneys. We have the experience to aggressively fight for the rights of your loved one and minimize the long reaching consequences of a Underage Drinking and Driving conviction.