The UDD Statute & How It Effects Your Children
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42-4-1301. Underage Drinking & Driving - Definitions
(2)(a.5) (I) It is a class A traffic infraction for any person under twenty-one years of age to drive any vehicle in this state when the person's BAC, as shown by analysis of the person's breath or blood, 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.
(6)(d) If a person refuses to take or to complete, or to cooperate with the completing of, any test or tests as provided in section 42-4-1301.1 and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard to admission of refusal to take or to complete, or to cooperate with the completing of, any test or tests.
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If your son or daughter has been charged with UDD in Colorado, they need reliable and seasoned legal representation. UDD charges can be fought, which is why you should seek the counsel of a qualified Denver DUI attorney for your child's case. For more information on DUI/DWAI statutes, do not hesitate to reach out to The Orr Law Firm.
We offer free consultations. Contact our firm at (720) 619-2676.