Criminal Lawyer For Underage DUI In Colorado
Summary:
An underage DUI charge in Colorado can have severe legal, financial, and personal consequences for minors and their families. Due to strict zero-tolerance laws, even a small amount of alcohol can lead to serious penalties. Hiring an experienced criminal defense attorney specializing in underage DUI cases is critical to protecting the minor’s rights, minimizing penalties, and safeguarding their future. A skilled lawyer can challenge evidence, negotiate plea deals, and explore alternative sentencing options.
What This Means for You:
- Immediate Action: If arrested for an underage DUI in Colorado, contact a specialized defense attorney immediately. Do not discuss the case with law enforcement or prosecutors without legal representation.
- Legal Risks: Penalties may include fines, license suspension, mandatory alcohol education, community service, and potentially jail time. A conviction can appear on permanent records, affecting college admissions and employment opportunities.
- Financial Impact: Costs may include attorney fees, court fines, increased insurance premiums, alcohol treatment programs, and ignition interlock device installation if applicable.
- Long-Term Strategy: Expungement may be possible under certain conditions after completing all court requirements. An attorney can help with sealing records and restoring driving privileges.
Underage DUI Lawyer in Colorado | Expert Defense for Minors
Underage DUI Explained:
In Colorado, drivers under 21 years old face charges under the state’s “Zero Tolerance” law (CRS 42-4-1301). The legal limit for underage drivers is only 0.02% BAC – essentially any detectable amount of alcohol. Prosecutors must prove that the minor was operating a vehicle with alcohol in their system, regardless of apparent impairment.
Colorado categorizes underage DUI as a civil infraction rather than a criminal misdemeanor for first offenses. However, severe cases involving accidents, injuries, or high BAC levels may be charged as felony DUI with significantly harsher penalties.
Types of Offenses:
A standard underage DUI charge applies when a driver under 21 has a BAC between 0.02% and 0.05%. This typically results in automatic driver’s license suspension and mandatory alcohol education.
A “per se” DUI charge applies when the BAC is 0.08% or higher, the regular adult legal limit. In these cases, minors face both adult DUI penalties and additional underage consequences.
Underage DWAI (Driving While Ability Impaired) charges may apply with BAC levels between 0.05% and 0.08%, where prosecutors believe the alcohol affected driving ability.
The most serious cases involve felony charges for DUI causing injury or death, or for repeat offenders with previous underage DUIs.
Common Defenses:
Challenging the traffic stop legality is often the first defense strategy. Police must have reasonable suspicion to stop a vehicle and probable cause for breath or field sobriety tests.
Defense attorneys frequently question breathalyzer accuracy, improper test administration, or medical conditions that might produce false positives. Timing between arrest and testing also becomes crucial, as BAC levels change over time.
In some cases, attorneys negotiate for deferred adjudication where charges are dismissed after completing probation requirements.
Penalties and Consequences:
First-offense underage DUI typically draws a three-month license suspension, 24 hours community service, and mandatory alcohol education classes. Fines generally range from $100-$500.
Higher BAC levels bring stricter punishments including: year-long license suspensions, ignition interlock devices after reinstatement, possible jail time, extended alcohol education programs, and substantial fines.
For minors with prior offenses, penalties escalate sharply – longer suspensions (up to 1 year), requirement of SR-22 insurance, mandatory probation supervision, and potentially juvenile detention.
Legal Process:
- Initial traffic stop and investigation
- Administrative license suspension hearing within seven days
- Civil court summons issued
- Pre-trial conferences and motion hearings
- Trial (if no plea agreement reached)
- Sentencing and probation terms
- Completion of required programs
- Potential expungement petition
Choosing a Criminal Defense Attorney:
Select an attorney with specific underage DUI expertise in Colorado courts. They should understand both civil and criminal aspects of these cases.
Evaluate their success record for similar cases, relationships with local prosecutors, and knowledge of diversion programs. Consider fee structures (hourly vs flat rate) and availability for responding quickly to DMV hearings.
People Also Ask:
Can an underage DUI be expunged in Colorado?
Yes, under certain conditions. First-time offenders without other arrests may petition for expungement after completing all penalties. Success depends on following rehabilitation requirements and demonstrating changed behavior.
How does an underage DUI affect college applications?
Many college applications ask about drug/alcohol violations. While institutions evaluate applicants holistically, DUI convictions may impact scholarship eligibility or admission to competitive programs.
Can parents be held liable for an underage DUI?
Indirectly. Colorado has “social host liability” laws where providers of alcohol to minors face civil penalties. Parents may also see insurance rate increases.
What’s the difference between an underage DUI and DWAI?
DUI indicates presence of alcohol; DWAI requires proof the alcohol actually impaired driving ability. Underage DUI uses the 0.02% limit regardless of behavior.
How long does an underage DUI stay on your record?
Unless expunged, indefinitely. Background checks typically show this history for seven years or more.
Expert Opinion:
“Addressing underage DUI charges immediately with qualified legal help is essential because Colorado’s zero-tolerance policy leaves little room for error. Early intervention can prevent lifelong consequences.” – Sarah Johnson, Colorado DUI Defense Attorney
Key Terms:
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*featured image sourced by Pixabay.com
Legal Disclaimer
This content is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Always:
- Consult with a licensed criminal defense attorney about your specific case
- Contact 911 or local law enforcement in emergency situations
- Remember that past case results don’t guarantee similar outcomes
The author and publisher disclaim all liability for actions taken based on this content. State laws vary, and only a qualified attorney can properly assess your legal situation.
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