Underage Drunk Driving

Underage Drinking/Driving Attorney

In Colorado, minors are not allowed to possess alcohol or marijuana. The mere possession of alcohol or marijuana could lead to a criminal conviction, even if the minor was not drinking the alcohol, or smoking or ingesting the marijuana. This prohibition against possession is interpreted very broadly. It allows a police officer to charge Minor in Possession even if the alcohol or marijuana is not being held by the minor. Having alcohol or marijuana in the general area where they have access to it is enough.

A conviction for minor in possession is a petty offense in Colorado, and requires a fine of up to $100.00 and a possibility of a referral to a substance abuse program. The repercussions increase sharply if there are multiple offenses for the same juvenile, or if the underage defendant was drinking or using marijuana while driving.

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Penalties

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.