Underage DUI
A young driver’s future is on the lineProtect it with a careful defense.
Colorado’s Underage Drinking and Driving law applies to drivers under 21 at a much lower blood alcohol level than adult DUI, and an underage driver can also face full DUI or DWAI charges depending on the evidence. The license consequences alone can disrupt school and work.
Our managing attorney is a former prosecutor, and our team includes a former Arapahoe County Sheriff’s Deputy who supports the attorneys’ investigation and case preparation. We review how the stop and testing were handled, explain the process to the driver and the family, and work to protect the young person’s record and opportunities. Related: DUI defense, first DUI, and DWAI.
Why the BAC Limit Matters
Colorado’s Underage Limit Is Far Lower Than the Adult DUI Limit
Drivers under 21 can be charged with Underage Drinking and Driving (UDD) at a BAC of just 0.02% — a fraction of the 0.08% threshold that applies to adult drivers. This reflects Colorado’s zero-tolerance approach to underage drinking behind the wheel.
UDD
BAC of 0.02% up to 0.05% for drivers under 21.
DWAI
Any age — impairment to the slightest degree.
DUI
BAC of 0.08%+ creates a legal presumption of intoxication.
Your Future
School, scholarships, and jobs can all be affected.
Our Underage DUI Defense Services
Defense for Underage Drinking and Driving Charges
Understanding the differences between UDD, DWAI, and DUI charges is an important first step in evaluating an underage drinking and driving case.
Under 21 Only
0.02%–0.05%
Underage Drinking and Driving
Colorado’s lower limit for drivers under 21, reflecting the state’s policy of discouraging any alcohol consumption behind the wheel.
Any Age
Slight Impairment
Driving While Ability Impaired
Charged when alcohol or drugs impair a driver’s ability to operate a vehicle safely — even to the slightest degree.
0.08%+
Driving Under the Influence
Charged when a driver is substantially incapable of operating a vehicle safely due to alcohol or drugs.
Beyond the Courtroom
An Underage DUI Can Follow a Young Person for Years
The consequences of a UDD, DWAI, or DUI charge often reach far past fines and a court date.
License & Record
An arrest can trigger consequences that follow a young driver well beyond the courtroom.
- Driver’s license suspension
- Criminal record, depending on the offense
- Increased insurance premiums
Court & Compliance
Most cases come with financial and supervisory obligations attached.
- Fines and court costs
- Community service
- Alcohol education classes and probation
Education
Schools and scholarship programs may take action independent of the court.
- College disciplinary action
- Loss of scholarships
- Disruption to enrollment standing
Career & Licensing
The impact can extend into employment and professional paths.
- Employment challenges
- Professional licensing issues
- Background checks during hiring
For Parents
An Arrest Does Not Automatically Mean a Conviction
Learning your son or daughter has been arrested is stressful for the whole family. Our goal is to guide you through every step and work toward a favorable outcome — while minimizing the long-term impact on your child’s future.
First Court Appearance
Charges are formally read and release conditions are set early on.
License Proceedings
Administrative action on the license can move on a separate clock from court.
Case Evaluation
We review the stop, the testing, and the evidence before forming strategy.
Path Forward
A plan focused on protecting school, scholarships, and the record long-term.
How We Defend the Case
Every Case Deserves a Careful Legal Review
Before accepting the charge as written, we examine the stop, the testing, and the evidence — looking for every legitimate opening to protect your case.
Was the Traffic Stop Lawful?
Police must have a legal basis for stopping the vehicle. If they didn’t, it can change the entire case.
Was Chemical Testing Properly Conducted?
Breath and blood tests must follow strict procedures — calibration, handling, and timing all matter.
Were Field Sobriety Tests Reliable?
Roadside testing can be affected by medical conditions, nervousness, weather, road conditions, fatigue, and physical limitations.
Were Constitutional Rights Protected?
If law enforcement violated your rights during the stop or arrest, it may limit what evidence prosecutors can use.
Was Evidence Properly Collected?
Body camera footage, dash camera video, witness statements, and officer reports should all be carefully reviewed.
Driver’s License Consequences Move on a Separate Clock
An underage alcohol-related driving offense can trigger administrative action against your license that is separate from the criminal court case — and missing key deadlines may limit your ability to challenge it. An attorney can walk you through both tracks so nothing falls through the cracks.
Who We Help
- Young Drivers Under 21
- Families Facing a First Arrest
- Students With Scholarships at Risk
- Drivers Facing UDD, DWAI, or DUI
- Anyone Needing Immediate Guidance
FAQ
Common questionsStraight answers about your situation.
What is the legal alcohol limit for drivers under 21 in Colorado?
Colorado’s Underage Drinking and Driving law allows charges when a driver under 21 has a BAC of 0.02% or higher but less than 0.05%.
Can someone under 21 still be charged with DUI?
Yes. If the facts support it, an underage driver may be charged with DWAI or DUI instead of — or in addition to — an underage drinking and driving offense.
Will an underage DUI stay on my record?
The long-term impact depends on the specific charge, the outcome of the case, and Colorado law. An attorney can explain how your circumstances may affect your record.
Can colleges or employers see an underage DUI?
Some educational institutions, scholarship programs, employers, and licensing boards may consider criminal history during admissions or hiring decisions.
Should I hire an attorney?
Because these charges can affect a young person’s future, it is often beneficial to have an attorney review the case and explain all available options.
Trust Johnson Law · Colorado Criminal Defense
Don’t see your question? Call (720) 334-7305 for a free consultation.
Keep reading
Related servicesWhere to go next.
Criminal Defense Lawyer in Colorado
DUI, domestic violence, felonies, misdemeanors, and more.
Second DUI in Colorado
Defense options and what is at stake with a second DUI.
DWAI Lawyer in Colorado
Defending Driving While Ability Impaired charges.
First DUI in Colorado
What to expect, and what to do next, after a first DUI.
Domestic Violence Defense Lawyer in Colorado
Defending domestic violence charges and protection orders.
Free Consultation
Free Consultation
Tell us what is happening. We will listen, explain your options in plain language, and give you a clear next step. Your consultation is free and confidential.
This page provides general information about Colorado law, not legal advice for your situation. Every case is different, and past experience does not guarantee a particular outcome.