Driving under the influence is a serious issue that affects many individuals, and in Colorado, there are strict laws in place to address this problem. These laws become even more severe when it comes to underage drivers. Colorado has put specific regulations in place to ensure that minors who are caught driving under the influence face consequences that are designed to not only hold them accountable but also deter future violations. Understanding the laws surrounding underage DUI (driving under the influence) in Colorado is important for parents, teens, and anyone else involved with young drivers.
Underage DUI laws in Colorado focus on drivers under the age of 21, as this group is not legally allowed to consume alcohol. The state takes underage drinking and driving very seriously, and the penalties reflect this concern. If you or someone you know has been charged with an underage DUI in Colorado, it is important to understand how the law works and what consequences may follow. At, Law Firm of Mark S. Hanchey, we are here to guide you through the legal process and help you navigate the complexities of your case.
Zero Tolerance Law in Colorado
One of the key aspects of Colorado’s underage DUI laws is what is known as the “zero tolerance” policy. This means that any amount of alcohol in the bloodstream of a driver under the age of 21 can lead to a DUI charge. For adults, the legal limit for blood alcohol concentration (BAC) is 0.08 percent. However, for those under 21, the legal limit is much lower, at 0.02 percent. This very low threshold reflects the idea that minors should not be drinking at all, and therefore any measurable amount of alcohol in their system is considered illegal.
The zero tolerance law applies to even small amounts of alcohol. For example, if a minor has a sip of beer and is then stopped by law enforcement, they can be charged with an underage DUI if their BAC is found to be 0.02 percent or higher. This makes it crucial for young drivers to avoid drinking any alcohol before getting behind the wheel.
Consequences of an Underage DUI
When a minor is caught driving under the influence in Colorado, the penalties they face can be severe. The consequences depend on the minor’s BAC at the time of the offense and whether they have previous DUI violations. For first-time offenders, the penalties may include fines, community service, mandatory alcohol education classes, and a suspension of their driver’s license. The court may also order probation, which means the minor will have to follow certain rules for a period of time, such as abstaining from alcohol and submitting to random testing.
For minors with a BAC of 0.02 to 0.05 percent, the offense is generally treated as a “minor in possession” charge. However, if the BAC is higher, the penalties become more severe, and the minor could face the same charges as an adult who is caught driving under the influence. In some cases, an underage DUI conviction can lead to jail time, especially if the minor has prior offenses or if their BAC was significantly over the legal limit.
The Role of Education and Rehabilitation
One of the goals of Colorado’s underage DUI laws is to help young drivers learn from their mistakes and avoid repeating them. As part of this, courts often order minors convicted of DUI to participate in alcohol education or rehabilitation programs. These programs are designed to educate minors about the dangers of drinking and driving, as well as the long-term consequences of alcohol use.
In some cases, participation in an alcohol education program may lead to a reduction in penalties. For example, a judge may decide to reduce the length of a license suspension if the minor successfully completes an approved program. However, it is important to understand that this is not guaranteed, and the court has the final say in determining the appropriate penalties for each case.
The Impact on Driving Privileges
One of the most immediate consequences of an underage DUI conviction is the impact on the minor’s driving privileges. In Colorado, a minor who is convicted of DUI will typically have their license suspended for a period of time. The length of the suspension depends on the severity of the offense and whether the minor has any previous violations. For a first-time offender with a BAC between 0.02 and 0.05 percent, the license suspension may last up to three months. For minors with a higher BAC or multiple offenses, the suspension can be much longer, potentially lasting a year or more.
Losing the ability to drive can be a significant burden for minors, especially those who rely on their driver’s license to get to school, work, or other important activities. However, in some cases, the court may allow a minor to apply for a restricted license, which would allow them to drive to specific locations, such as school or work, during the suspension period.
Long-Term Consequences of an Underage DUI
The consequences of an underage DUI conviction can extend far beyond the immediate penalties. Having a DUI on a minor’s record can affect their future in many ways, including their ability to obtain a job, secure housing, or even get into college. Employers, landlords, and schools often conduct background checks, and a DUI conviction can raise red flags that may result in lost opportunities.
Additionally, underage drivers who are convicted of DUI may see a significant increase in their car insurance rates. Insurance companies view drivers with a DUI conviction as high-risk, and as a result, they often charge much higher premiums. In some cases, a minor may even have difficulty finding an insurance company that is willing to provide coverage.
What to Do If You Are Charged with Underage DUI
If you or someone you know is facing an underage DUI charge in Colorado, it is important to take the situation seriously. DUI charges can have lasting consequences, and it is important to seek legal help to understand your rights and options. A skilled attorney can help you navigate the legal process and work to minimize the impact of the charges.
One of the first steps to take after being charged with an underage DUI is to contact a qualified attorney who has experience with DUI cases in Colorado. An attorney can help you understand the charges against you, explain the potential consequences, and advise you on the best course of action. Depending on the circumstances of the case, your attorney may be able to negotiate a plea deal, challenge the evidence, or work to get the charges reduced or dismissed.
The Importance of Legal Representation
Having legal representation is especially important in underage DUI cases because the stakes are so high. Not only can a conviction lead to immediate penalties, but it can also have long-term consequences that affect your future. A skilled attorney can make a big difference in the outcome of your case and help you avoid some of the more severe consequences of a DUI conviction.
In some cases, your attorney may be able to argue that the traffic stop or arrest was unlawful, which could lead to the charges being dropped. In other cases, they may be able to negotiate for reduced penalties, such as a shorter license suspension or reduced fines. Regardless of the specifics of your case, having an attorney on your side can help you navigate the legal system and work towards the best possible outcome.
Facing an underage DUI charge in Colorado can be overwhelming, but it is important to remember that you do not have to face it alone. The legal process can be complex, and the consequences of a conviction can be long-lasting. However, with the right legal representation, you can take steps to protect your future and minimize the impact of the charges.
If you or a loved one is dealing with an underage DUI charge, contact the Law Firm of Mark S. Hanchey today. Our experienced attorneys are here to help you navigate the legal system and fight for the best possible outcome in your case. We understand the seriousness of DUI charges and are committed to providing the legal support you need during this challenging time. Reach out to us for a consultation and let us help you protect your future.