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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.

Potential Consequences of Underage Drinking and Driving in Denver

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.

The Breakdown of Underage Drinking and Driving Charges and Penalties for Minors

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.

First Underage Drinking and Driving Charge – Class A Traffic Infraction

The consequences of a conviction include:

  • Fines of up to $100
  • The requirement to pay court costs and surcharges
  • A maximum of 24 hours of useful public service and an additional $120 fee
  • Alcohol assessment the individual must pay for
  • Alcohol treatment or education the individual must pay for
  • Up to a three-month license revocation
  • Four DMV points

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.

Second Underage Drinking and Driving Charge – Class 2 Traffic Misdemeanor

The consequences of a conviction include:

  • 10 to 90 days in jail
  • Up to $300 in fines
  • The requirement to pay court costs and surcharges
  • A maximum of 24 hours of useful public service and an additional $120 fee
  • Alcohol assessment the individual must pay for
  • Alcohol treatment or education the individual must pay for
  • Up to a six-month license revocation
  • Four DMV points

Third or Subsequent Underage Drinking and Driving Charge – Class 2 Traffic Misdemeanor

The consequences of a conviction include:

  • 10 to 90 days in jail
  • Up to $300 in fines
  • The requirement to pay court costs and surcharges
  • A maximum of 24 hours of useful public service and an additional $120 fee
  • Alcohol assessment the individual must pay for
  • Alcohol treatment or education the individual must pay for
  • Up to a 12-month license revocation
  • Four DMV points

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.

Penalties for DWAI and DUI per se Convictions

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:

  • Two to 180 days in jail
  • Fines of $200 to $500
  • Community service requirement of 24 to 48 hours
  • Eight DMV points

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:

  • Five days to one year in jail
  • Fines of $600 to $1,000
  • Community service requirement of 48 to 896 hours
  • Nine-month license revocation

How to Fight UDD Charges in Denver

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:

  • The police didn’t have any reasonable suspicion to pull the person over.
  • During the traffic stop, the police didn’t have a basis for suspecting that the person had consumed alcohol, and the officer requested a breath test.
  • The breath test was not administered properly or was defective.

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.

Don’t Wait to Get Help With Your Underage Drinking and Driving Charge

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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