In Colorado, like the rest of the nation, the legal drinking age is 21 years old. However, people under the age of 21 still drink. What’s worse is that some even make the mistake of driving while under the influence of alcohol.

Legal Limits for Colorado underage DUIs

Colorado has a zero-tolerance law. Under the zero-tolerance law, those under 21 are prohibited from driving under the influence of illegal substances. Illegal substances include recreational drugs and alcohol. In Colorado, the zero-tolerance law becomes a factor if the underage motorist has any amount of alcohol in their system.

To arrest and charge an underage driver, the person must have a Blood Alcohol Content, commonly referred to as a BAC, as low as 0.02 percent. Compared to motorists who are over the age of 21, where 0.08 percent is the legal limit, a single alcoholic drink for an underage motorist can put them in violation of Colorado’s zero tolerance laws.

If an officer pulls over an underage motorist with a BAC of 0.02 percent or above, they risk a UDD, DWAI, or DUI conviction. An officer may ask you to submit to a breathalyzer test. While you have the right to decline a breathalyzer test, that decision could lead to having your license suspended for one year.

A Minor’s BAC at Arrest Impacts the Charge and the Consequences

While the legal limit of 0.02 percent is enough to stop and charge an underaged motorist, the minor’s actual BAC levels will determine the severity of the consequences.

  • UDD, or Underage Drinking and Driving. An underaged motorist can be charged with a UDD if they have a BAC higher than 0.02 percent but less than 0.05 percent. A UDD is only considered a driving infraction and will not result in a criminal conviction on the minor’s record. However, the minor still risks gaining points on their driver’s license and performing less than 24 hours of community service. The severity of the penalties increases if the underage minor has any subsequent offenses.
  • DWAI, or Driving While Ability Impaired, for Minors

If an underaged motorist has a BAC above 0.05 percent, they can be charged with a DWAI. If the underage driver is convicted, they may be sentenced to 2-180 days confinement, with up to $500 in fines and 24-48 hours of public service. Also, an underage motorist risks a total of eight points, which can increase car insurance payments. A second conviction could lead to a 12-month license suspension, up to one year of incarceration, and fines up to $1,500. 

  • Driving While Ability Impaired or Driving Under the Influence (DUI)

If the underage motorist has a BAC of above 0.05 percent, they can also be charged and convicted of a DUI. For minors, a DUI conviction can result in a nine-month license suspension, five days to a one-year jail time, up to $1,000 in fines, and 96 public service hours. The underaged motorist will also incur 12 points on their license.

If you or a loved one is facing charges for underage drinking and driving, please schedule a free consultation with our experienced Boulder criminal attorneys at the Moorhead Law Group by calling our office at 303-586-6912.