If you are under 21 and caught driving with a blood alcohol content (BAC) of .02% ot higher, you can be charged with underage driving under the influence (DUI) in Colorado. This is often called a “baby DUI.” Even though the penalties for a baby DUI are not as severe as an adult DUI, they are still very serious. If you are facing an underage DUI charge, you need to talk to a Colorado criminal defense attorney right away. Contact us today to schedule a consultation.
The Penalties for an Underage DUI in Colorado
The penalties for an underage DUI depend on the facts of each individual case. In general, however, first-time offenders will face a fine of up to $150, a driver’s lice suspension for 90 days, four points on their driving record, and community service. Substance abuse treatment may also be ordered at the discretion of the judge.
A second offense is punishable by up to 90 days in jail, a fine of up to $300, and a driver’s license suspension for up 6 months.
Other Consequences of an Underage DUI
There are a number of other consequences associated with an underage DUI in Colorado.
- If you are convicted of an underage DUI, it will go on your criminal record. In some cases, you will be able to get your record expunged, but if you don’t meet the criteria, this can follow you around for the rest of your life. A DUI conviction makes it difficult to get a job, rent an apartment, or get into college.
- Losing your driver’s license can have a lot of collateral consequences. If your driver’s license is suspended or revoked, it can be difficult to get to school or work.
- An underage DUI charge is expensive. You will have to pay court fees, fines, and your insurance rates will most likely go up.
Defending a DUI Charge in Colorado
There are steps you can take to defend a DUI charge. An experienced Colorado DUI attorney can help you investigate the facts of your case and develop the best defense strategy for your situation. Some of the most common legal defenses include:
- Challenge the Traffic Stop
If the police did not have a legal reason for pulling you over, any evidence they obtained after the stop—including your BAC test results—may be excluded from your case.
- Attack The Accuracy of The Breathalyzer test
There are many ways that a BAC test can be inaccurate. For example, if the machine was not properly calibrated or if you have certain medical conditions that can affect the results of the test.
- Not Driving or In Control of Vehicle
For the prosecutor to successfully convict you of DUI, they must prove beyond a reasonable doubt that you were driving or in physical control of the vehicle at the time of your arrest. This means that if you can show that you were not actually driving or in control of the vehicle, then you may be able to get your charges reduced or even dismissed.
There are a few different ways to show that you were not driving or in control of the vehicle at the time of your arrest. One way is to show that someone else was driving the car. Another way is to show that you were not in actual physical control of the car at the time, such as if you were sleeping in the backseat.
If you are facing an underage DUI charge in Colorado, it is important that you talk to a dui defense attorney right away. Contact us today to schedule a consultation.
