Colorado’s DUI laws are no joke, especially for drivers under 21. The standards for drivers engaged in underage drinking are stricter and can result in serious penalties. Colorado essentially has a “zero tolerance” stance toward drinking and driving while underage.
What is the zero-tolerance law? It is a law that significantly lowers the amount of alcohol a driver under 21 can have in their system before facing penalties. When it comes to young adults and minors behind the wheel, even one drink can lead to serious consequences.
At The Harrell Law Firm, PLLC, our award-winning team represents young people and their families with care, clarity, and strength. If you or someone you love is facing an underage DUI, we want you to understand the risks, your options, and how we can help.
What Is the Legal Alcohol Limit in Colorado?
Answering the question, “What is the zero-tolerance law?” requires understanding the differences in legal alcohol limits for adults and minors.
The Legal Limit for Adults
In general, the legal blood alcohol content (BAC) limit for a driver who is 21 or older is .05. If a driver has this BAC within two hours of driving, the law can presume they were driving under the influence. But Colorado law has additional and stricter “zero tolerance” rules for drivers under 21.
The Legal Limit for Zero Tolerance
Colorado’s legal limit for drivers under 21 is a BAC of just 0.02. That’s the equivalent of less than one standard drink for many people. And with the legal limit for zero tolerance, someone under 21 can face significant legal trouble even if they don’t feel any different than before they drank.
What Happens If a Minor Is Caught Drinking and Driving?
A driver under 21 with a BAC between 0.02 and 0.05 can be guilty of a class A traffic infraction or worse and may be subject to other criminal and administrative penalties. Additionally, Colorado law allows officers to issue a UDD (underage drinking and driving) citation even if the minor is well below the adult DUI limit.
The following penalties typically apply to a UDD offense:
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- First UDD offense. This class A traffic infraction can include a fine of $100, up to 24 hours of public service, alcohol education or treatment, and a license revocation that typically lasts multiple months.
- Second or subsequent UDD offense. A class 2 traffic misdemeanor that can include up to 90 days in jail, a $300 fine, restitution payments (if applicable), public service, and a license revocation that typically lasts several months.
These penalties are just for a UDD offense. If the driver’s BAC is higher than 0.05, their charges may escalate to DUI (driving under the influence) or DWAI (driving while ability impaired). These higher charges can carry jail time, larger fines, longer license suspensions, probation, and more.
Additional Penalties for Underage Drinkers Who Drive
Underage drinkers and drivers don’t just face DUI charges—they may also be charged with illegal possession or consumption of alcohol. That means a single arrest for underage drinking and driving can lead to multiple charges, each with its own penalties.
Penalties for illegal possession or consumption of alcohol may include:
- First offense—fine of up to $100 and substance abuse education;
- Second offense—fine of up to $100, up to 24 hours of useful public service, a substance abuse assessment, and a substance abuse education program; and
- Third or subsequent offense—fine of up to $150, a substance abuse assessment, up to 36 hours of useful public service, and substance abuse treatment.
Other consequences of a possession conviction may include the loss of professional, college, and scholarship opportunities, suspension of extracurriculars, damage to your criminal and driving records, and higher insurance premiums.
What If the Minor Was Using Marijuana?
While this post focuses on alcohol, it’s important to note that Colorado treats underage marijuana use while driving just as seriously.
If a blood test reveals active THC, the driver could face charges under DUI or DWAI statutes and additional marijuana possession or paraphernalia charges. Once again, a conviction could mean jail time, financial penalties, public service, license revocation, and substance abuse education and treatment.
Is There Any Way to Avoid These Harsh Penalties?
Yes. And an experienced defense attorney can help. At The Harrell Law Firm, PLLC, we work to:
- Challenge the stop. Did the police have legal grounds to pull the vehicle over?
- Dispute the test. Was the breath or blood test reliable?
- Negotiate lesser charges. We may pursue diversion, deferred judgment, or other sentencing alternatives.
- Protect your license. We fight to minimize DMV consequences, such as seeking a probationary (red) license for some first-time offenders after the first month of revocation.
- Protect your future. Mitigate a conviction’s long-term impact on jobs, education, and records.
Every case is different. That’s why you need a team that listens to your story and crafts a strategy that fits your situation. We listen and tailor each defense strategy to each client’s unique needs.
Compassionate Help for Families and Young Drivers
Getting a call that your child has been arrested for a DUI is every parent’s nightmare. And for the minor or young adult, the experience is often traumatic and confusing. We understand, and we are not here to shame anyone. We are here to help.
At The Harrell Law Firm, PLLC, we treat every client with compassion and dignity. Attorney Sean P. Harrell has more than 12 years of experience and has helped multiple defendants in Colorado eliminate or reduce the consequences of these charges. We help families navigate this stressful process with clarity and purpose. If you or a loved one has been arrested for underage drinking and driving, don’t wait. Contact us today. You can reach us by phone or on our website to schedule an appointment. Let’s take the next step together.
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