What To Expect If You Are Under 21 and Charged With a DUI in Colorado

Driving under the influence (DUI) is a serious criminal offense in Colorado, and the laws are particularly strict when it comes to drivers under the age of 21. Colorado has adopted a “zero tolerance” approach for underage drinking and driving, meaning that even a very small amount of alcohol in a minor’s system can lead to criminal charges.

If you or someone you care about is under 21 and facing a DUI charge in Colorado Springs or anywhere in the state, it is important to understand the specific laws, penalties, and long-term consequences involved.

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Colorado’s Zero Tolerance Law for Underage Drivers

Under Colorado law, drivers who are under 21 can be charged with Underage Drinking and Driving (UDD) if their blood alcohol concentration (BAC) is between 0.02% and 0.05%. For context, this level can result from as little as one drink, depending on body weight and metabolism.

Any driver under 21 with a BAC above 0.05% may face a traditional DUI or DWAI (Driving While Ability Impaired) charge, which carries much harsher penalties.

This distinction is critical: UDD is a separate charge that reflects the state’s zero-tolerance policy, while DUI and DWAI are broader charges that apply to drivers of any age.

Penalties for Underage Drinking and Driving (BAC 0.02%–0.05%)

For a first offense UDD, penalties may include:

• A fine of up to $100
• Community service (up to 24 hours)
• Four points added to the driver’s license
• License suspension for three months

While this may appear less severe than an adult DUI, the consequences still create lasting challenges. Even a single offense can affect insurance premiums and may appear on a driving record for years.

For a second UDD offense, penalties increase significantly:

• Fines up to $300
• Up to 24 hours of community service
• Possible jail time (up to 90 days, though rarely imposed for UDD)
• License suspension for six months

By the third offense, underage drivers may face:

• Up to $500 in fines
• Up to 48 hours of community service
• Up to 90 days in jail
• License suspension for one year

Penalties for DUI or DWAI for Underage Drivers (BAC Above 0.05%)

If a driver under 21 has a BAC above 0.05%, they can be charged with DWAI or DUI just like an adult. These charges carry much harsher penalties than UDD:

• DWAI (0.05%–0.08% BAC): Up to 180 days in jail, fines up to $500, up to 48 hours of community service, and eight points on a license.
• DUI (0.08%+ BAC): Up to one year in jail, fines up to $1,000, up to 96 hours of community service, and license revocation for nine months.

For repeat offenses, penalties escalate sharply, including mandatory jail time, longer license suspensions, and the requirement to install an ignition interlock device.

The Importance of Legal Representation For Underage DUI

For underage drivers, the impact of a DUI or UDD conviction can extend well beyond immediate fines and license suspension. An experienced and knowledgeable DUI defense attorney can evaluate the evidence, negotiate with prosecutors, and, in some cases, secure alternatives such as diversion programs, deferred judgment, or reduced charges.

In Colorado Springs, criminal attorney Jeremy Loew has extensive experience defending underage clients against DUI and UDD charges. He understands the unique challenges faced by young drivers and their families, and works to protect both the legal rights and the long-term future of his clients.