What to Know About Underage DUIs, or UDDs

Any driver under the age of 21 who is found to have a blood alcohol concentration (BAC) of 0.02 percent or more can face charges for underage drinking and driving. In Colorado, there is a zero tolerance policy — as there is in many other US states — concerning underage drinking and driving. Accordingly, anyone who is not yet 21 years old and has a BAC between 0.02 percent and 0.05 percent can expect to be charged with underage drinking and driving, or UDD for short. If a motorist under the age of 21 has a BAC of more than 0.05 percent, the charges can be more severe.

What do you need to know about UDD charges in Colorado? Our Denver DUI and UDD defense lawyers can tell you more.

UDD Charges in Colorado 

A driver under the age of 21 can face UDD charges for driving with a BAC of 0.02 to 0.05 percent, given Colorado’s zero tolerance law. A first offense is actually a Class A traffic infraction rather than a criminal offense, while any subsequent offenses are charged as misdemeanors. Even a Class A traffic infraction will have consequences, however.

Penalties for UDDs in Colorado 

Penalties for UDDs depend upon whether the person is facing a first UDD offense or a subsequent UDD offense. The penalties are typically as follows:

• First UDD, a Class A infraction: fine of up to $100 and revocation of driver’s license for three months;
• Second UDD, a Class 2 misdemeanor: fine of up to $300, up to 90 days in jail, and revocation of driver’s license for 6 months; and
• Third UDD and beyond, a Class 2 misdemeanor: fine of up to $300, up to 90 days in jail, and a revocation of driver’s license for 1 year.

Defenses Against UDD Charges

 Defending against UDD charges is often similar to defending against DWAI or DUI charges in Colorado. You may be able to show that the breathalyzer or chemical test was faulty, for example, or that constitutional rights were violated during the traffic stop that led to the UDD arrest. In addition, if a person who was actually 21 years old or older was arrested for a UDD based on mistaken identity or another error, it may be relatively straightforward to have UDD charges dropped, assuming the BAC was below 0.05.

Expunging a UDD Record 

Even a first UDD (and no subsequent charges) will remain on your record if you do not take steps to have it expunged. While there are few types of records in Colorado that can actually be expunged — most civil and criminal records are only eligible for record sealing, rather than expungement.

Contact a Denver DUI Defense Lawyer 

If you were arrested for a UDD, or if your child is facing UDD charges, it is important to seek legal advice as soon as possible. Even a first UDD offense can be costly, and subsequent offenses can result in jail time. One of the experienced Denver DUI defense lawyers at DeChant Law can speak with you today about options for defending against UDD charges or petitioning to have a UDD record expunged. Contact us for more information.

Sources:

law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301/

law.justia.com/codes/colorado/title-42/drivers-licenses/article-2/part-1/section-42-2-121/