UDD
42-4-1301. Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties - repeal.
(a.5) (I) It is a class A traffic infraction for any person under twenty-one years of age to drive a motor vehicle or vehicle when the person's BAC, as shown by analysis of the person's breath, is at least 0.02 but not more than 0.05 at the time of driving or within two hours after driving. The court, upon sentencing a defendant pursuant to this subparagraph (I), may, in addition to any penalty imposed under a class A traffic infraction, order that the defendant perform up to twenty-four hours of useful public service, subject to the conditions and restrictions of section 18-1.3-507, C.R.S., and may further order that the defendant submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at such defendant's own expense.
(II) A second or subsequent violation of this paragraph (a.5) shall be a class 2 traffic misdemeanor.
(4) No court shall accept a plea of guilty to a non-alcohol-related or non-drug-related traffic offense or guilty to the offense of UDD from a person charged with DUI, DUI per se, or habitual user; except that the court may accept a plea of guilty to a non-alcohol-related or non-drug-related traffic offense or to UDD upon a good faith representation by the prosecuting attorney that the attorney could not establish a prima facie case if the defendant were brought to trial on the original alcohol-related or drug-related offense.
Underage drinking and driving (UDD) is a common and serious offense in Colorado. The legal limit for a minor is .020. BAC levels from .02 to .05 for all persons under 21 years of age will be charged with underage drinking and driving. Minors with BACs greater than .05 will be charged the same as adults.
If your son or daughter has been charged with UDD they need legal representation. This is an alcohol offense and as such is a lifetime offense in Colorado. UDD charges can be fought and you should seek the counsel of a qualified Colorado DUI defense attorney. To learn more about how DUI attorneys at The Orr Law Firm can help your loved one fight a UDD charge, contact us at 720-457-9015 or email us at orrlaw@orrlaw.com.
