Underage DUI (UDD)

Colorado enforces a “zero-tolerance” policy for underage drinking and driving. Under Colorado Revised Statutes § 42-4-1301(2)(a.5)(I), individuals under the age of twenty-one may not operate a motor vehicle with a blood alcohol content (BAC) of 0.02 grams per deciliter or higher. This standard—substantially lower than the 0.08 threshold applicable to adults—reflects the state’s commitment to deterring impaired driving among minors.

Underage Drinking and Driving (UDD) is a separate statutory offense from adult Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI), but can result in similar collateral and administrative consequences. Colorado imposes escalating penalties for repeat offenders and reserves the right to file adult DUI charges when certain aggravating factors are present.

Legal Authority and Offense Classification

A. Statutory Prohibition

Colorado law prohibits any individual under twenty-one from driving with a BAC of at least 0.02 but less than 0.05. Colo. Rev. Stat. § 42-4-1301(2)(a.5)(I). This offense is classified as Underage Drinking and Driving (UDD). Although a UDD is an unclassified traffic misdemeanor, the consequences may be significant.

If the BAC is 0.05 or greater, prosecutors may charge the offender with DWAI or DUI under Colo. Rev. Stat. § 42-4-1301(1)(b) and (1)(a), respectively. These offenses carry more severe penalties and are not limited by the offender’s age.

B. Reclassification for Repeat Offenses

A second UDD offense constitutes a Class 2 traffic misdemeanor. See Colo. Rev. Stat. § 42-4-1301(2)(a.5)(II). Class 2 traffic misdemeanors are punishable by up to 90 days in jail and a fine of up to $300. See Colo. Rev. Stat. § 18-1.3-501(1)(b).

A third or subsequent UDD conviction may also impact future eligibility for record sealing and can compound sentencing exposure for future DUI offenses.

Administrative Consequences

A. Driver’s License Suspension

The Colorado Division of Motor Vehicles (DMV) will initiate an administrative suspension upon receiving notice of a UDD arrest or conviction.

• A first UDD offense with a BAC of 0.02 to 0.05 triggers a three-month license suspension. Colo. Rev. Stat. § 42-2-126(3)(a)(I).

• A second UDD offense triggers a six-month suspension, and a third offense results in a one-year revocation. Id.

• If the minor’s BAC is 0.08 or higher, the DMV may initiate separate revocation proceedings under the express consent statute. Colo. Rev. Stat. § 42-2-126(2)(a)(I).

The minor may request an administrative hearing to contest the suspension, but strict timelines apply.

B. Points Assessment

In addition to license sanctions, a UDD conviction adds four points to the offender’s driving record. Colo. Rev. Stat. § 42-2-127(5)(b)(III). Accumulating too many points may result in further suspension under Colorado’s graduated licensing laws.

C. Reinstatement Requirements

To reinstate driving privileges, the minor must satisfy the following:

• Completion of an approved alcohol education program;

• Payment of reinstatement and application fees;

• Possible installation of an Ignition Interlock Device (IID) depending on the severity of the underlying offense. See Colo. Rev. Stat. § 42-2-132.5.

Sentencing Components

A. First Offense Penalties

For a first UDD offense, courts typically impose:

• A fine of $100 to $300;

• Community service hours;

• Completion of Level I alcohol education, generally 12 hours over three days;

• Probation, often unsupervised, for a duration determined by the court.

See Colo. Rev. Stat. § 42-4-1301(3)(a) and (b).

B. Second and Subsequent Offenses

A second UDD offense carries enhanced penalties:

• Classification as a Class 2 traffic misdemeanor;

• Up to 90 days in jail;

• Mandatory Level II Education or Therapy, based on the court’s findings and probation recommendation;

• Increased fines and community service;

• Longer license revocation periods.

The court may also order supervised probation and substance use monitoring through EtG, urinalysis, or other validated methods.

Related Charges and Collateral Sanctions

UDD offenses are frequently accompanied by additional violations, including:

• Minor in Possession (MIP) under Colo. Rev. Stat. § 18-13-122;

• Open container violations;

• Speeding, reckless driving, or other moving violations related to the traffic stop.

Courts may impose additional sanctions such as Victim Impact Panel attendance, school-based counseling referrals, or parental engagement orders in juvenile matters.

Collateral consequences may include:

• Insurance premium increases;

• Ineligibility for college scholarships;

• Employment disqualification for jobs requiring driving or security clearance;

• Immigration consequences, especially for non-citizen minors.

DUI and DWAI Charges for Underage Offenders

Minors with BAC readings at or above 0.05 may face DWAI charges; those at 0.08 or above face adult DUI charges. These offenses carry:

• Jail time (mandatory in some cases);

• Higher fines and court costs;

• Supervised probation;

• Mandatory installation of IID;

• Possible felony enhancement if prior offenses are present.

The penalties for adult DUI and DWAI offenses are governed by Colo. Rev. Stat. § 42-4-1307. These provisions apply regardless of the driver’s age when the statutory thresholds are met.

Education and Treatment Requirements

The Office of Behavioral Health (OBH) oversees licensed DUI treatment providers in Colorado. Minors convicted of UDD, DWAI, or DUI must complete a certified education or therapy program.

• Level I Education consists of 12 hours over a minimum of three days;

• Level II Education entails 24 hours over 12 weeks;

• Level II Therapy ranges from 42 to 86 hours depending on BAC, prior history, and assessment results.

All education and therapy must be completed through OBH-licensed providers. See 2 CCR 502-1.

Legal and Strategic Considerations

A. Legal Defenses

Common defenses in UDD cases include:

• Lack of reasonable suspicion for the initial stop;

• Improper administration of the breath or blood test;

• Inaccurate calibration of testing instruments;

• Rising BAC defense, particularly when the time of driving is unclear;

• Medical conditions that may affect testing results.

B. Mitigation Strategies

Courts often consider proactive steps taken by the minor before sentencing:

• Voluntary enrollment in alcohol education;

• Counseling or therapy for substance use;

• Academic performance records;

• Community service and extracurricular involvement;

• Letters of support from school or religious leaders.

Mitigation may support more favorable plea offers or sentencing outcomes.

Parental Role and Advocacy

Parents of minors charged with UDD should:

• Retain experienced legal counsel immediately;

• Participate in court hearings and probation conferences;

• Encourage compliance with education and community service obligations;

• Monitor academic and social behavior during supervision;

• Ensure transportation and access to treatment resources.

Parental involvement often influences judicial discretion in youth sentencing.

Underage Drinking and Driving (UDD) charges in Colorado carry meaningful consequences despite their status as traffic misdemeanors. The statutory threshold of 0.02 BAC reflects a public policy of zero tolerance. Repeat offenses, elevated BACs, and associated criminal charges may significantly escalate a minor’s exposure to criminal, administrative, and collateral penalties.

Defense counsel must address both legal and rehabilitative components in representing minors accused of UDD. Courts and prosecutors may offer alternatives to detention, but only where public safety and rehabilitation are adequately addressed.

Early intervention, strategic advocacy, and informed parental participation can substantially influence the resolution and long-term impact of an underage DUI case in Colorado.