What Are Colorado’s Zero Tolerance Laws?

Colorado has strict DUI laws, with drivers under the legal drinking age subject to the zero-tolerance law. The law implies that even a tiny amount of alcohol in your blood could result in DUI charges and stiff penalties upon a conviction. It’s crucial to understand that a blood alcohol content (BAC) of 0.08% is considered a DUI, and zero-tolerance laws affect minors with 0.02% BAC.

If you’re or have a minor facing DUI charges, it would help to consult skilled Colorado Springs criminal defense lawyers. They can help you explore your legal rights and options and create a solid defense strategy.

What Charges Do Minors Driving Under the Influence Face?

A person under 21 who drives under the influence faces three potential charges:

  • DUI if their BAC is 0.08% or more
  • Driving while ability impaired (DWAI) if their BAC is more than 0.05 but less than 0.08%
  • Underage drinking and driving (UDD) if their BAC is between 0.02% and 0.05%.

UDD laws in Colorado reflect the zero-tolerance policy. Accompanying the zero-tolerance policy is the Minor in Possession Alcohol (MIP) rule, which prohibits teens from being in possession of alcohol. Breaking the law can lead to harsh penalties. Skilled underage DUI attorneys in Colorado Springs can help you fight the charges.

What Are the UDD Penalties in Colorado?

A first UDD offense (often called a “Baby DUI”) and is a Class A traffic infraction punishable by:

  • License revocation for three months
  • 24 hours of public service
  • A fine of up to $100
  • Alcohol or drug treatment classes
  • 4 DMV points
  • Court costs and surcharges

A first-time UDD does not carry jail time as it is technically not considered a crime but an infraction. After a month, you can get a probationary license for a two-month suspension period. The “red license” enables you to commute to and from school or work. Second or subsequent UDD convictions will prevent the minor from getting a red license. Experienced Underage DUI lawyers in Colorado Springs can provide more insights.

Second UDD Offense

A second-time UDD becomes a class 2 misdemeanor carries the following penalties:

  • 10 to 90 days in jail or
  • Up to $300 in fines
  • Up to 24 hours of useful public service at a fee of $120
  • An alcohol or drug evaluation and treatment program at the defendant’s expense
  • 4 DMV points
  • Driver’s license revocation for six months

Third or Subsequent UDD

A subsequent UDD is also Class 2 traffic misdemeanor and carries the following penalties:

  • 10-90 days in jail or a fine of up to $300, or both
  • Court fees and surcharges
  • Up to 24 hours of useful public service at a fee of $120
  • An alcohol evaluation and treatment program at the defendant’s expense 4 DMV points
  • Driver’s license revocation for one year

DUI Penalties for Minors

A first-time DUI offense involving a minor driving under the influence or caught with a BAC of 0.08 and above carries the following penalties:

  • One-year license revocation with no possibility of early reinstatement
  • Five days to one year in jail
  • Fines of between $600 and $1,000
  • Up to 96 hours of public service
  • 12 DMV points

A second conviction carries the following penalties:

  • One-year license revocation with no possibility of early reinstatement
  • 10 days to one year in jail
  • Fines of between $1,000 and $1,500
  • Up to 120 hours of public service
  • 12 DMV points

DWAI Penalties for Minors

Minors caught driving while ability impaired with a BAC of 0.05% or above can get the following penalties for a first offense:

  • Two to 180 days in jail, a fine of up to $500, 24-48 hours of public service, 8 DMV points, and no license suspension for a 1st conviction.
  • 12 months of license suspension, ten days to one year in jail, a fine of up to $1,500, 48-120 hours of public service, and 8 DMV points.

What Happens if a Minor Refuses to Take a Sobriety Test?

A police officer may ask you to take a sobriety or breathalyzer test if they pull you over on suspicion of a UDD, DUI, or DWAI. While you have a right to refuse the test, a refusal could have your license suspended for two years, even if your Colorado Springs Underage DUI lawyers prove your innocence later.

Even if you refuse the test, you could still be charged with underage drunk driving and can still be penalized. Colorado has an “expressed consent” law, implying all drivers understand and express their consent to blood alcohol tests any time they’re behind the wheel.

How Can I Fight UDD Charges?

Experienced underage DUI lawyers in Colorado Springs can evaluate your case and help you determine the best defense strategy for the most favorable outcome.

Three possible defenses to UDD charges include:

  • Being stopped by the police without reasonable suspicion. An example is if you believe the police were racially profiling you.
  • The police didn’t have a reasonable basis to suspect you of impaired driving and were wrong to ask you to submit to a chemical test.
  • The breathalyzer test was administered wrongly, or the device was faulty, so the results were unreliable.

UDD is a strict liability offense, and driving safely without impairment is no defense. Understanding how the law works is crucial, and without this knowledge, your best defense would be to let aggressive underage DUI attorneys in Colorado Springs represent you.

A Skilled Criminal Defense Attorney Helping You Beat UDD Charges

The zero tolerance laws in Colorado indicate how the state frowns upon minors caught driving under the influence. You put yourself and others at risk when you drink and drive. The penalties can be stiff and increase if you cause severe bodily injury or death of another person. Consult skilled criminal defense lawyers in Colorado Springs if you’re facing UDD charges.

Joyner Law is a criminal defense law firm with aggressive lawyers who can come to your defense. We will work tirelessly on your case to develop a unique defense strategy unique to your case circumstances. Call us at (719) 294-0566 or contact us online to schedule a FREE case assessment.