Underage DUI Defense in Fort Collins

Colorado BAC Thresholds for UDD, DWAI & DUI

Colorado uses different charge classifications based partly on the driver’s age and blood alcohol concentration, or BAC. This measurement reflects the amount of alcohol in a person’s bloodstream. For drivers under 21, even a result below the standard DUI threshold can lead to a charge.

The principal BAC ranges are:

• At least 0.02 but less than 0.05: Under C.R.S. § 42-4-1301(2)(d), a driver under 21 may face Underage Drinking and Driving, commonly called UDD, when the result falls within this range within two hours after driving.
• From 0.05 through 0.079: A young driver may face Driving While Ability Impaired, or DWAI, which alleges that alcohol or drugs affected the person’s ability to operate a vehicle.
• 0.08 or higher: A young driver may face DUI under provisions that also apply to drivers who are at least 21.

A first UDD violation is a class A traffic infraction. A second or subsequent violation is a class 2 traffic misdemeanor, so the driver’s prior history matters when evaluating the accusation.

Potential Consequences of an Underage Drinking & Driving Charge

For a first UDD offense, a court may order up to 24 hours of useful public service. It may also require an alcohol evaluation, education program, or treatment program at the defendant’s expense. The orders depend on the charge and the court’s findings.

A class 2 traffic misdemeanor carries a minimum sentence of 10 days’ imprisonment or a $150 fine and a maximum of 90 days’ imprisonment or a $300 fine. These sentencing provisions distinguish a repeat UDD allegation from the traffic-infraction classification for a first violation.

Colorado also limits when a DUI or DUI per se charge may be resolved through a guilty plea to UDD or a non-alcohol-related traffic offense. The prosecutor must make a good-faith representation that a prima facie case, meaning evidence sufficient to establish the charge if left unanswered, couldn’t be established on the original accusation.

Separate Court & DMV Proceedings in Fort Collins

A DUI or DWAI arrest can trigger a criminal case and a separate DMV express consent proceeding. The court addresses the charge, while the DMV addresses driving privileges. A development in one proceeding doesn’t automatically resolve the other.

Following a chemical test refusal or a result over the legal limit, a driver has seven days to request a DMV express consent hearing. Because that period is short, we file the request immediately when retained under those circumstances and prepare both matters simultaneously.

How We Review the Evidence

Our review begins with the legal basis for the stop and whether probable cause supported the arrest. Probable cause means facts that would give an officer a reasonable basis to believe an offense occurred. We also scrutinize how officers instructed and evaluated field sobriety tests.

Chemical testing requires a separate analysis. We examine breath and blood testing procedures, equipment, and calibration records. Colorado law permits evidence obtained through an involuntary blood test to be admitted in a prosecution for DUI, DUI per se, DWAI, or UDD, but the collection and testing of that evidence can still require careful review.

Legal & Conduct Concerns for Fort Collins Students

Colorado State University students may face university student-conduct concerns in addition to a UDD, DWAI, or DUI accusation. The university conduct process and the criminal case have different decision-makers, procedures, and standards, so students shouldn’t assume that one controls the other.

We represent students accused of underage drinking, DUI, and related traffic violations. Our goal is to help them stay in school and protect their future while we defend the case, without promising a particular court, DMV, academic, or disciplinary result.

Parents and students should identify the precise charge classification, the status of the case, and whether a DMV hearing deadline applies. Clarifying those issues allows them to make informed decisions about how to respond.