Underage DUI Defense

Underage DUI Defense – What Is Underage DUI?

Driving under the influence (DUI) of alcohol or drugs is a serious offense in the United States, with laws and penalties varying by state. In Colorado, the laws governing DUI are particularly stringent, especially for underage drivers.

Underage DUI defense refers the legal defense of individuals under the age of 21 who are found operating a vehicle with alcohol in their system.

It’s important to note that Colorado has a “Zero Tolerance” policy for underage drinking and driving, reflecting a nationwide effort to curb alcohol consumption among minors and reduce alcohol-related accidents on the roads.

Legal Blood Alcohol Concentration (BAC) Limits in Colorado For Underage DUI Defense

For drivers aged 21 and over, the legal limit for BAC is 0.08%. However, for those under the age of 21, Colorado enforces a much stricter BAC limit. The state law distinguishes between different levels of offenses based on the BAC level for underage drivers:

  • Underage Drinking and Driving (UDD): This offense applies to underage drivers who have a BAC between 0.02% and 0.05%. It is a Class A traffic infraction.
  • DUI and DWAI: If an underage driver’s BAC is 0.05% or higher, they may be charged with the same offenses as adult drivers, which are Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI). The DWAI charge can apply for BAC levels between 0.05% and 0.08%, and DUI charges are typically for BAC levels of 0.08% or higher.

Underage DUI Defense in Colorado

The consequences for underage DUI in Colorado vary depending on the specific circumstances of the offense, including the driver’s BAC level, whether it’s a first or subsequent offense, and whether the incident resulted in property damage, injury, or death. The following are some great reasons you’ll need the best underage DUI defense available. Some potential penalties include:

  • For UDD (BAC between 0.02% and 0.05%): Penalties may include a fine of up to $150 for a first offense, community service, and mandatory completion of an alcohol education program. The driver’s license may also be suspended for three months.
  • For DUI/DWAI (BAC of 0.05% or higher): Penalties are more severe and can include jail time, higher fines, longer license suspension periods, community service, alcohol education, and treatment programs. For DUI, penalties might involve up to one year in jail, fines between $600 to $1,000, license suspension for nine months, and 48 to 96 hours of community service for a first offense.

Additional Consequences For Underage DUI Defense

Beyond the immediate legal penalties, there are longer-term implications for underage individuals convicted of DUI in Colorado. These may include:

  • Increased Insurance Costs: Conviction can lead to significantly higher car insurance premiums.
  • Criminal Record: A DUI/DWAI conviction can result in a criminal record, affecting future employment opportunities, educational scholarships, and professional licenses.
  • Educational Consequences: Some colleges and universities may take disciplinary action against students convicted of DUI, including suspension or expulsion.

Legal Process and Rights For Underage DUI Defense

For underage DUI defense in Colorado, individuals have certain rights, including the right to remain silent and the right to an attorney. The legal process typically begins with the arrest, followed by a court appearance where charges are formally presented. It is crucial for those accused of underage DUI to seek legal representation to navigate the complexities of the legal system and to advocate for their rights.

In summary, Colorado’s strict approach to underage DUI aims to discourage underage drinking and driving through significant legal penalties and long-term consequences. The state’s Zero Tolerance policy reflects a broader commitment to road safety and the well-being of young individuals.

For the best underage DUI defense, contact the Kohn Law Firm. As always, a free and friendly case review!

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Shimon Kohn is the attorney to call when you need the best criminal defense lawyer. I will never have enough words to express my gratitude to him for how he helped my family. He was available to answer questions honestly and reassuringly within a reasonable timeframe.
He exeplified professionalism, compassion and expertise. His professional and personal relationship with the district attorney's office is unparalleled in this community. Shimon is definitely to whom I will refer anyone and everyone who requires legal services.


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Julian was a pleasure to meet, and work with.  What initially drew me to his counsel was his enthusiasm at working with my case, comprehensively,  and with my best interests not only in mind, but in heart as well. Like many, my financial situation was greatly impacted during 2020, and they were willing to set up amicable payment options that catered well to my specific needs at the time, which greatly helped. I would strongly recommend of course Julian,  as well as the firm as a whole,  as my experience was highly professional,  and thorough.

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We heard from Shimon through a family member and decided to go with him for our case which was a felony. He gave it to me straight and never promised a deal. the DA was being very agressive and wouldn’t lower the charges but nonetheless Shimon kept the pressure on them and we got the case dismissed! Obviously it’s not a guarantee he can do the same for anyone else but let me tell you this is the best lawyer in the springs he will fight tooth and nail and not try to feed you BS. I do not wish to ever have any more legal trouble but if we ever do find ourselves in a bind Shimon is the only lawyer we will ever need. I would highly suggest to anyone else if you want to sleep well at night hire this man! Thanks Shimon! You are definitely worth every penny!

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