Colorado’s Zero Tolerance Law for Underage Drivers
Colorado prohibits drivers under 21 from operating a vehicle with a blood alcohol concentration (BAC) of 0.02% or more, which falls under the state’s “Zero Tolerance” policy. If the BAC is at least 0.02% but less than 0.05%, the charge is Underage Drinking and Driving, or UDD—sometimes referred to as a “Baby DUI.”
Unlike a standard DUI, a first-time UDD is not a criminal offense. It’s treated as a Class A traffic infraction. That changes with repeat offenses or higher BAC results, which can trigger misdemeanor charges and harsher penalties.
How UDD Differs from a Standard DUI or DWAI
UDD only applies to drivers under 21 whose BAC is between 0.02% and 0.05%. If the BAC is 0.05% or higher, law enforcement may charge the driver with Driving While Ability Impaired (DWAI) or Driving Under the Influence (DUI)—the same charges that apply to drivers 21 and older.
The penalties escalate with the BAC level:
- BAC of 0.02%–0.049% → UDD
- BAC of 0.05%–0.079% → DWAI
- BAC of 0.08% or more → DUI
Because UDD is limited to low-BAC cases, the penalties are less severe than a standard DUI—but they still carry long-term consequences.
Penalties for UDD in Colorado
First Offense (UDD)
- Treated as a Class A traffic infraction
- Fine of up to $100 (plus surcharges and court costs)
- 3-month driver’s license revocation
- 24 hours of public service
- Mandatory alcohol education
- 4 points added to the driver’s record
There is no jail time or criminal conviction on a first UDD. However, the administrative penalties and points can still affect insurance rates and driving privileges.
Second Offense
- Class 2 misdemeanor traffic offense
- Up to 90 days in jail
- Fine of up to $300
- 6-month driver’s license revocation
- 4 points on the driver’s record
- Additional alcohol education or treatment
Third or Subsequent Offense
- Same classification as a second offense (Class 2 misdemeanor traffic offense)
- Up to 90 days in jail
- Up to $300 in fines
- 1-year license revocation
- Possible treatment referral
- 4 points on the driver’s record
The penalties stop being administrative at this stage and can include criminal consequences. Jail time becomes a real possibility, even if the BAC was under 0.05%.
License Revocation and Points
For a first UDD, the Colorado DMV will revoke the driver’s license for 3 months. After 30 days, the driver may apply for a restricted license that allows limited driving privileges. The second revocation period is 6 months, and the third is 1 year. No restricted license is available after a third offense.
Each UDD adds 4 points to the driver’s record. In Colorado, accumulating 9 points within 12 months can lead to additional license suspensions for drivers under 21. That means one UDD can put a young driver halfway to another suspension.
What Happens If the BAC Is Higher?
Once the BAC reaches 0.05%, prosecutors can pursue adult-level charges, regardless of the driver’s age.
DWAI (BAC between 0.05% and 0.079%)
- Up to 180 days in jail (minimum 2 days, unless the court grants a suspended sentence)
- $200–$500 fine
- 24–48 hours of public service
- 8 points on the driving record
- Possible license suspension if it’s not the first offense
DUI (BAC 0.08% or higher)
- 5 days to 1 year in jail
- $600–$1,000 fine
- 48–96 hours of public service
- 9-month license revocation (for a first offense)
- 12 points on the driving record
- Mandatory alcohol education and therapy
Once the case reaches DUI or DWAI level, the penalties mirror what an adult would face. The fact that the driver is under 21 no longer reduces the consequences.
Can a Baby DUI Be Sealed or Expunged?
A first UDD can be sealed at age 21 if no additional offenses have been committed. Once sealed, it won’t show up on standard background checks.
Repeat UDDs and any convictions for DUI or DWAI are not eligible for sealing under current Colorado law. If a UDD becomes a misdemeanor or if a DUI conviction is entered, that record stays visible unless laws change in the future.
Defenses That Can Be Used in Underage DUI Cases
Not every UDD charge leads to a conviction. The facts of the case matter. Potential defenses include:
No legal basis for the traffic stop: If police stopped the vehicle without reasonable suspicion, any evidence gathered afterward may be thrown out.
Inaccurate BAC reading: Breath tests aren’t perfect. Issues with calibration, device malfunction, or improper administration can raise questions.
Timing of the alcohol consumption: A BAC result might reflect alcohol consumed shortly before the stop. That doesn’t always prove impairment at the time of driving.
Medical or environmental interference: Certain health conditions or non-alcoholic substances (like mouthwash) can lead to false positives.
A defense strategy depends entirely on the facts. An experience dui defense attorney familiar with Colorado DUI laws can assess whether the stop, test, or procedures followed the rules.
Related Charges That Can Apply
UDD isn’t the only alcohol-related offense that underage drivers face. Colorado law allows prosecutors to add or substitute other charges depending on the circumstances:
- Minor in Possession (MIP): Applies when someone under 21 has alcohol in their physical possession or control, even if they weren’t driving.
- Fake ID Use: Trying to buy alcohol or enter a bar with a false ID can lead to separate misdemeanor charges.
- Social Host Liability: Adults who provide alcohol to minors may face civil or criminal penalties, especially if the minor causes harm to someone else after drinking.
In some cases, the arresting officer or prosecutor may focus on these charges instead of—or in addition to—a UDD.
Real Consequences Beyond Court
Even when the legal consequences are manageable, the indirect effects of a UDD conviction can last longer. Auto insurance rates usually increase dramatically for underage drivers with alcohol violations. Some schools and employers may deny opportunities to applicants with an alcohol-related infraction on their record—even if it wasn’t a criminal conviction.
A UDD doesn’t carry the same penalties as a full DUI, but it can still make an impact that lingers well into adulthood.
What to Do If You’re Charged With UDD or DUI Under 21
Deadlines matter. Failing to act quickly can lead to a suspended license before the case even reaches court. Here are the most time-sensitive steps to take:
- Request a DMV hearing immediately. You may only have 7 days from the arrest or citation to request one. Missing this deadline means automatic license revocation.
- Consult with a defense attorney. Even a low-level charge can carry consequences that aren’t obvious up front.
- Follow any court orders without delay. Completing alcohol classes, public service, or other requirements late can lead to extended penalties.
- Avoid additional violations. A second charge, even while the first is pending, can escalate everything.
Colorado prosecutors take underage drinking and driving seriously. But a single mistake shouldn’t automatically lead to long-term damage. Getting good information early—and making the right moves—can make a difference in the outcome.
Charged with Underage DUI in Colorado? Talk to The Moorhead Law Group
If you or your child is facing a UDD or under-21 DUI charge, the outcome can affect more than just a license. The attorneys at The Moorhead Law Group have experience handling underage DUI cases throughout Boulder and the surrounding areas. We can help you understand what’s at stake and work to protect your future. Call (303) 447-1400 or send us a message to schedule a confidential consultation.
Additional Reading:
Colorado.gov – Alcohol and Drug Related Offenses
https://cdor.colorado.gov/hearings-homepage/motor-vehicle-hearings/alcohol-and-drug-related-offenses
Teen Drinking and Driving in Colorado
https://www.boulderdefenseattorney.com/teen-drinking-and-driving-in-colorado/
The Difference Between DUI and DWAI
https://www.boulderdefenseattorney.com/the-difference-between-dui-and-dwai/
Signs That a DUI Case is Weak
https://www.boulderdefenseattorney.com/signs-that-a-dui-case-is-weak/