Teen DUI in Colorado: How to Help Your Child After an Arrest

• Colorado has “zero tolerance” for underage drinking and driving. Drivers under 21 can be charged if they have a blood alcohol level (BAC) of 0.02 percent or higher.

• The charge—and how severe it is—depends on the teen’s BAC. 0.02-0.05 percent is UDD or a Colorado “baby DUI”; 0.05-0.08 percent is a DWAI; 0.08 percent or higher is a DUI. At DWAI and DUI levels, a teen is prosecuted under the same adult penalties. 

• You must request a civil hearing with the DMV within seven days. This deadline is separate from the criminal case and easy to miss. 

• A UDD conviction can usually be expunged after age 21; a DWAI or DUI conviction never can. This distinction will shape your entire defense strategy.

• A teen can face a Driving Under the Influence of Drugs (DUID) charge for cannabis impairment, even in a state with legal adult use.

• Hiring an experienced Colorado teen DUI lawyer early is the most important move you can make. The first 48 hours matter most.

The decisions you make in the first two days of your child’s arrest can define the outcome of the entire case. Understanding what’s at stake with a minor DUI in Colorado starts with this checklist of what to do:

• Contact a DUI criminal defense attorney immediately - In addition to the criminal case, the Colorado DMV requires a civil hearing where you can have legal counsel.

• Request the DMV hearing within seven days - This is a strict deadline. Missing it means your teen automatically loses their license.

• Write down everything your teen remembers - Ask them details about the police stop, their arrest, and the testing while it’s still fresh in their mind. 

Here’s what not to do: 

• Don’t let your teen talk to the police without an attorney present.

• Don’t preemptively contact your insurer - Notify them only if you’re legally required to. 

• Stay off social media - Neither you nor your teen should post about the arrest online, as these posts can become evidence. 

The most damaging thing would be allowing the police to talk to their child.  While parents are trying to be well-meaning, it often cuts a lot of defenses out at the knees.

We understand teens and young adults are wired to push boundaries and take risks. That’s why our criminal defense attorneys will exhaust all available legal options to minimize the effect this event has on your child now and in the future. 

Charges	Blood Alcohol Content
UDD (Underage Drinking and Driving)	BAC of 0.02 to 0.05 percent
DWAI (Driving While Ability Impaired)	BAC of 0.05 percent to 0.08 percent
DUI (Driving Under the Influence)	BAC of 0.08 percent or higher

Adults have one defense that underage drivers do not: they can argue they were unimpaired despite a small amount of alcohol. Colorado has a zero-tolerance policy that makes underage drinking and driving a strict liability offense—any alcohol in the system is prohibited. That said, an experienced attorney can still raise arguments such as:

• No reasonable suspicion for the stop. Police must have a valid reason to pull over a driver: a traffic infraction, an expired plate, a broken taillight, or erratic driving. 

• No basis to suspect alcohol. Underage drivers have the same Fourth Amendment rights as adults. Police can’t test someone without reasonable suspicion.

• Faulty or improperly administered BAC test. Chemical tests must meet strict standards to be admissible. Unreliable or improperly conducted tests can lead to dismissal. 

Our DUI attorneys look for weaknesses in the prosecutor’s case. For example, a lack of probable cause for the initial traffic stop, an improperly calibrated breathalyzer, or deviations from standard field sobriety testing protocols could justify reducing a DUI to a DWAI or a reckless driving charge to careless driving. (Note: a first-time UDD is actually less severe than careless or reckless driving, so without solid evidence, it usually makes more sense to push for a UDD dismissal.) For more serious charges, like DWAI or DUI, an attorney might secure a deferred sentence, in which meeting certain conditions results in reduced penalties. Learn more about Understanding Deferred Judgments & Sentences.

Advantages of a Private Criminal Defense Attorney versus a Public Defender

Public defenders are busy. There is no doubt that Colorado has talented public defenders. After all, some of our criminal defense attorneys are former public defenders. One problem with public defenders, though, is that they carry heavy caseloads and aren’t always able to devote the time and attention their clients need. 

Public defenders are assigned, not selected. When it comes to your child’s defense, you want to be able to choose an attorney based on their experience, credentials, and approach. When you hire a private criminal defense attorney, you can evaluate who is the best attorney for your child. You can’t do that at the public defender’s office where you’re appointed an attorney. 

Public defenders cannot help with the DMV. A public defender can only cover the criminal portion of an underage drinking and driving case. They don’t have the authority to represent your teen at the DMV hearing because it is a separate civil matter. 

Often, public defenders carry caseloads of 200 to 300 clients, which means defendants do not receive the personalized care they need and want.  Further, due to the nature of the relationship between the DAs and the PDs, there is often significant conflict, which impedes negotiations.

So, some of the best advice I can give you is to hire an experienced, aggressive criminal defense attorney if you’re able.

Drivers under the age of 21 with a blood alcohol concentration (BAC) between 0.02 and 0.05 percent commit a Class A traffic infraction. Underage Drinking and Driving—colloquially called a “baby DUI” on a first offense—is punishable under C.R.S. 42-4-1301(2)(d):

• A three-month revocation of the minor’s driver’s license

• Up to 24 hours of public service

• $100 in fines plus court costs

• Possible mandatory alcohol/drug education and treatment

• Four points added to the driving record

Additionally, the underage driver may have to pay:

• A $120 fee as part of their public service, and

• A fee covering the cost of a mandatory alcohol or drug evaluation at the end of the license revocation period

A second UDD offense is charged as a Class 2 traffic misdemeanor, with heavier penalties to match: 

• 10 to 90 days in jail and/or

• Up to $300 in fines plus court costs, and

• A six-month driver’s license revocation

As with a first offense, second and subsequent UDD convictions also bring mandatory alcohol/drug education and treatment, four points on the driving record, up to 24 hours of useful public service plus the $120 fee, and a mandatory alcohol/drug evaluation at the end of the revocation period, paid for by your teen (or you). 

A third UDD offense increases license revocation from six months to one year. 

Underage drivers can challenge their license revocation at a Colorado Department of Motor Vehicles (DMV) hearing. But here’s the catch: the request must be made within seven days of the arrest or the DMV’s mailed notice of revocation in blood-test cases. Most parents don’t realize the clock is ticking on this step until it’s too late — it’s a civil process separate from the criminal charges. On a positive note, the DMV process tends to move faster.

To ultimately prevent a license revocation, your teen must prevail in both the DMV hearing and the separate criminal case. A loss in either one will result in revocation. 

Yes. Without the right legal representation, DMV hearings can be tougher to win than criminal trials. However, because they’re civil proceedings, your attorney has the right to request that the arresting officer appear at the hearing. If the officer fails to show up, the state generally can’t sustain the revocation. And your teen gets to keep their license. 

Even so, the DMV hearing can be valuable practice for the upcoming criminal proceedings. A DUI attorney can use the hearing to lock in the officer’s testimony under oath. That early, on-the-record account matters because if the officer’s story shifts later at the criminal trial—about why they made the stop, what they claim to have observed, or how the breath test was administered—your attorney can use the inconsistency to attack the officer’s credibility in front of the judge or jury. The hearing also works as a free preview of the state’s case, exposing its weak points while there’s still time to build a defense around them. 

On several occasions, we have had officers fail to appear at DMV Hearings.  This has usually allowed clients to maintain their licenses and abilities to drive in Colorado.  This has also allowed us to be a little more aggressive with negotiations with the DA.

If your teen’s license is suspended, there’s still a path forward: first-time UDD offenders may apply for a probationary license after serving 30 days of their three-month suspension. This license requires an ignition interlock device (IID) to be installed. The car won’t start unless the driver has a BAC reading below 0.025. The device may be removed after four months of compliant readings. 

Adults face drinking-and-driving charges when their BAC reaches 0.05 percent or higher. If your teen or underage college student drinks enough to reach those levels, they’ll be prosecuted under Colorado’s adult standards, where the penalties get significantly more severe. 

Generally, punishments for a first-time DWAI or DUI range from:

• Jail time - Two days to one year

• Fines - $200 to $1,000, plus court costs

• Community service - 24 to 96 hours

• Driver’s license suspension - Up to nine months

• Probation - Up to two years

• Driving record - Eight to 12 points 

• License restoration - Includes conditions like an ignition interlock device installation

These are the surface-level basics. We have several in-depth guides on Colorado DUIs and what to expect during the criminal justice process, including a first-offense DUI guide, post-DUI arrest guide, and DUI statute overview guide. A step-by-step breakdown of the process from initial traffic stop to court proceedings can be found in our how to survive a DUI charge guide.

Colorado’s legal cannabis landscape creates real confusion for teens and parents—but legal adult use does not make it legal for a minor to drive after consuming marijuana. A driver of any age can be charged for Driving Under the Influence of Drugs (DUID) under C.R.S. 42-4-1301(1) for marijuana impairment. 

Here are a few things parents should know about teens who use weed:

• THC threshold - Colorado law allows a jury to infer impairment when a driver has five nanograms or more of active (delta-9) THC per milliliter of blood. This is a permissible inference, not an automatic conviction, meaning it can be challenged. 

• Incomplete defense - “I didn’t feel high” is not a complete defense. Impairment, not the driver’s self-perception, is what the case turns on.

• Multiple charges - A teen can face multiple charges at once. For instance, it’s common for a minor to be charged with both DUID and Minor in Possession (MIP) for the same incident. 

Because THC affects people differently and blood-test timing is often disputed, marijuana DUID cases frequently have defensible angles that an experienced attorney can pursue. Learn more about juvenile drug charges in this article.

Teens tend to think that marijuana-based driving offenses are somehow “not as bad” as alcohol-based or other drug-based driving offenses.  This could not be further from the truth: Colorado DUI laws treat alcohol, marijuana, and controlled substance driving offenses all the same.

When a teen is charged with a driving offense related to substances, they’re often charged with Minor in Possession (MIP). Under C.R.S. 18-13-122, MIP covers possession or consumption of alcohol or marijuana by anyone under 21, even if the teen did not drive. If your teen is facing a UDD or DUI, ask whether an MIP charge has also been filed, because the two are often resolved together. 

A teen DUI isn’t only your child’s problem. Parents can face a civil lawsuit if their underage driver causes injury or property damage. Three separate legal theories make this possible:

• Negligent entrustment - Applies if parents were aware of their teen’s propensity for risky behavior. 

• Vicarious liability - Applicable if a teen causes injury or property damage. Colorado’s “family car doctrine” allows parents to be sued for lending their car to a teenager who caused an accident.

• Social host liability - Occurs when a parent or another adult knowingly lets a minor drink before causing an accident. Proving it — as the Colorado Supreme Court established in Przekurat v. Torres (2018) — requires showing the host had actual knowledge the guest was underage.

Two of these theories don’t even require underage drinking; they can apply whenever a teen’s drinking before driving was a factor in a crash. 

Concerned about your own liability? This is exactly the kind of legal exposure an attorney can help you understand and limit. Get started by booking a consultation online.

A drinking-and-driving conviction can have a snowball effect on your child’s future. In the short term, it can restrict your teen’s participation in school activities. But in the near future, it can limit college acceptance and scholarship offers, jeopardize military service eligibility, and narrow job prospects

We have had clients encounter issues with scholarships, suspensions from sports teams, and other black marks on otherwise stellar records that have harmed them from a college perspective. This has led to clients losing out on their “dream school,” incurring more student loan debt, and/or getting waitlisted and having to wait to see where they are going. 

Many colleges run background checks that affect acceptance and housing decisions. A drinking-and-driving record can also restrict access to financial aid, and certain career paths that require background checks become harder to enter. For families counting on scholarships or aid, this is frequently the most painful long-term consequence—and a major reason to fight the charge rather than simply accept a plea. 

Don’t let a DUI quietly close doors that your teen hasn’t even considered yet. The sooner you act, the more options you preserve for your child. Call 303-688-0944 now to review your case.

Colorado schools operate on their own zero-tolerance alcohol and drug policies independent of the criminal justice system. That means a teen can face school consequences long before—and regardless of whether—they’re ever convicted. Depending on the school and the situation, consequences can include:

• Notification protocols that alert school officials when a student is arrested.

• A single alcohol or drug violation can trigger CHSAA-style zero-tolerance athletic codes that remove your teen from the team, like in Cherry Creek School District No. 5, even if the school never suspends or expels them. 

• Honor code and student handbook implications, including disciplinary review or loss of leadership positions. 

In some cases, an attorney can serve as a liaison between your family and school administrators to provide context and advocate for a measured response. If your teen’s school has been notified, tell your lawyer right away. 

Many parents keep their kids on their auto insurance through college — some even longer. If your teen gets a DUI, your carrier could drop your policy, decline to renew it, or (definitely) raise your rates. When it comes time for your teen-turned-young adult to buy their own insurance, they may struggle to find affordable coverage. 

It depends on the charge. In Colorado, expungement permanently destroys the record and is available for UDD and juvenile cases, while sealing only hides an adult record from most background checks. 

A DWAI or DUI conviction is a permanent stain on your child’s record. Colorado considers these crimes too serious to seal or expunge, no matter how young the driver was at the time of the incident. However, if your child moves into adulthood and maintains a clean criminal record, the conviction’s black mark may have less impact on their life. That permanence is one more reason to fight a DWAI or DUI charge hard from the start. 

Colorado law recognizes that young people make mistakes and shouldn’t be bound to certain actions forever. Once your child turns 21, they may apply to have their UDD expunged if they can demonstrate that: 

• They have had no additional UDD convictions,

• Their case is closed and not currently active, and

• They have never held a commercial driver’s license, nor were they driving a commercial vehicle when the offense occurred. 

Eligible drivers can file a JDF 305 to expunge their UDD convictions at no cost.

Robinson & Henry Juvenile Defense Attorneys represent families in courts up and down the Front Range. Teen alcohol- and drug-related driving charges are traffic matters typically heard in the county court where the stop occurred. Alternatively, a younger teen’s case may follow juvenile court procedures, depending on the charge and their age. 

Here’s where cases in our core markets often land: 

City	County	Judicial District
Westminster	Adams County/Jefferson County	17th Judicial District/1st Judicial District
Denver	Denver County	2nd Judicial District
Castle Rock	Douglas County	23rd Judicial District
Colorado Springs	El Paso County	4th Judicial District

Local court practices, prosecutor charging patterns, and diversion or deferral options vary by county and courtroom. An attorney who regularly appears in your teen’s specific court can give you a clear picture of what to expect.

Every county and judge is different when it comes to DUI sentencing, regardless of whether someone is an adult or a juvenile.  That is why it is so critical to get a defense team lined up so that they can assess where your case is, who is hearing your case, and what the best strategy can be to optimize your outcome.

Teen DUI charges in Colorado are time-sensitive, fact-specific, and carry consequences that extend well beyond the courtroom—exactly why early attorney involvement matters so much. Our Criminal Defense Team protects your teen’s record and future by prioritizing: 

• Immediate license protection — Moving quickly within the seven-day DMV window to request the administrative hearing and fight the automatic revocation, so your teen isn’t sidelined before their case is even heard.

• Charge-specific defense - Building a complete strategy around the exact charge (UDD, DWAI, DUI, or DUID) by scrutinizing the reasonable suspicion for the stop, the basis for chemical testing, and the reliability of the BAC results.

• Long-term damage control - Working to reduce or dismiss charges, preserve future sealing eligibility, and limit the fallout for your teen’s college admissions, financial aid, insurance, and school standing.

Protect your teen’s future. Call 303-688-0944 or book a consultation online.