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Denver DUI lawyers from the Law Offices of Steven J. Pisani, LLC see multiple cases of DUI charges against people under age 21 every month. One reason for this is Colorado’s strict zero-tolerance policy on underage drinking and driving.
In Denver and throughout Colorado, the maximum Blood Alcohol Concentration (BAC) someone under 21 can have when driving is 0.02%, which is much lower than the legal limit for people over 21, which is 0.08%. While it’s obvious that it is illegal for anyone under 21 to drink and drive, it’s also illegal for underage people to purchase, possess, transport, buy, attempt to buy, or drink alcohol.
Not only is drinking and driving illegal, but it’s also extremely dangerous. Alcohol-related accidents are a common cause of death in Denver, and hundreds of teens die each year because of alcohol poisoning.
Underage drinking and driving are very common charges in Denver and throughout the state. Due to how serious the state takes this crime, it also has serious consequences. Anyone under 21 with a BAC of 0.02% to 0.05% caught drinking and driving can face charges.
Minors arrested for Underage Drinking and Driving in Denver may also face DWAI charges if they have a BAC of more than 0.05% and a DUI if their BAC is 0.08% or higher. With this conviction, the penalties are a one-year license revocation for a first offense and may carry other consequences.
Anyone under 21 must understand the consequences they may face if they are arrested and convicted of UDD in Denver. A breakdown of the charges and all the potential penalties are found here.
The consequences of a conviction include:
Since this is a traffic infraction and not a criminal charge, minors can request a probationary license called a “red license” after 30 days. They must keep this for the next two months, and the suspension or revocation is required to last for three months total. It’s at the discretion of the DMV to issue this license and is not guaranteed. The minor can only drive to work or school if the license is granted.
The consequences of a conviction include:
The consequences of a conviction include:
With each of these charges, UDD defendants have the right to request a DMV administrative hearing to contest the loss of their license. However, they must win the DMV hearing and criminal case (which are separate) to avoid losing their license. Winning the DMV hearing but still being convicted of UDD will still result in the license revocation.
It’s worth noting that DMV hearings are more challenging to win than criminal cases. In a criminal case, the prosecution has the burden to prove the defendant is guilty beyond a reasonable doubt. However, the bar is much lower for DMV administrative hearings. Even if it doesn’t seem like a DMV hearing will be successful, requesting one is still a good idea.
If a minor has a BAC over 0.05% and under 0.08%, they can face DWAI charges. The penalties for a first offense misdemeanor conviction include:
If the minor has a BAC of 0.08% or more, they can face DUI per se charges, which is also a misdemeanor. Potential penalties for this charge include:
Due to the seriousness of the charges and potential penalties, it is recommended that you get in touch with an experienced DUI defense attorney if you are facing UDD charges. Our legal team will work to build a defense for your case. Some of the potential defenses that can be used include:
Using the defense that the minor was driving safely and not impaired is impossible. This is because the state of Colorado has a zero-tolerance policy for underage drinking cases. This means that a UDD is a strict liability offense. UDD laws in Colorado prohibit anyone who is underage from driving with almost any alcohol in their system. This is true even if the alcohol was caused by using mouthwash or eating something made with alcohol.
If you are charged with Underage Drinking and Driving in Denver or anywhere in the state, it’s important to contact our Denver DUI lawyers immediately. At the Law Offices of Steven J. Pisani, LLC, we are here to help with your charge and build a solid defense for your case. Thanks to our years of experience in the field, we will provide you with the aggressive legal defense in Denver you need and help you at both your DMV hearing and criminal trial.
The first step is to call our offices and schedule an appointment. We will use our experience and resources to help you beat the charge you are facing.
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