Fort Collins Underage DUI Attorney

While it is illegal to drink and drive at any age, the laws that pertain to underage drinking and driving are particularly strict. One of the most severe consequences of an underage DUI is the impact it will have on a person’s future. The permanent criminal record that results from a conviction will be visible to colleges, employers, and landlords, and it could prevent a person from obtaining the opportunities they are seeking. This is why its so important to speak to an experienced Fort Collins underage DUI attorney from Rachel A. Michael, LLC as soon as possible. 

Fortunately, you have the right to fight your charges with help from an experienced defense lawyer. Call Rachel A. Michael, LLC today at (970) 616-6668 to get started with a free initial consultation.

Underage DUI Laws & Penalties

Every state has a legal drinking age of 21, and anyone who is younger than 21 is considered an “underage drinker.” As a result, if a person who is under 21 is found with any amount of alcohol in their system while driving, they will be charged with underage DUI.

In Colorado, it is illegal for a person who is under 21 to drive with a blood alcohol concentration (BAC) of 0.02% or higher. This BAC limit is much lower than the limit of 0.08% that is used for adults 21 and older. The limit is even lower for commercial drivers—only 0.04%—but that is not relevant to underage drivers.

What are the penalties for an underage DUI in Colorado?

A conviction for an underage DUI could result in the following penalties:

• First offense: 4-24 hours of community service, a 3-month license suspension, 4 DMV points, and a requirement to complete an alcohol education course
• Second offense: 8-48 hours of community service, a 6-month license suspension, 4 DMV points, and a requirement to complete an alcohol education course
• Third offense: 8-48 hours of community service, a 1-year license suspension, 4 DMV points, and a requirement to complete an alcohol education course

For a first-time offense, an underage DUI is typically considered a class A traffic infraction. However, if a person’s BAC is 0.05% or higher, the offense is considered a class 2 misdemeanor. A second or subsequent offense is also considered a class 2 misdemeanor.

Can you go to jail for an underage DUI?

You could face up to 90 days in jail if you are convicted of an underage DUI. However, you may be able to avoid jail time if you are granted probation.

Underage DUI Defense Strategies

Because the penalties for an underage DUI are so severe, it is important to retain the services of a skilled defense lawyer as soon as possible. With the right representation, you may be able to avoid a conviction altogether. If a conviction is unavoidable, your lawyer will fight to have your charges and penalties reduced as much as possible.

There are several defense strategies that may be used to fight an underage DUI charge, including the following:

• The traffic stop was not legal, and therefore the evidence collected during the stop should be inadmissible
• The breathalyzer or blood test results were inaccurate, and therefore the evidence should be inadmissible
• The field sobriety test was not conducted properly, and therefore the evidence should be inadmissible
• The driver had a medical condition that caused the breathalyzer or blood test results to be inaccurate
• The driver had a rising BAC, and therefore their BAC was under 0.02% at the time they were driving
• The driver was not actually driving at the time they were stopped by law enforcement

If you are able to avoid a conviction, you will not be required to serve any of the aforementioned penalties. It is also possible to have your charges and penalties reduced through a plea bargain. For example, your lawyer may be able to have your license suspension reduced from 3 months to 1 month. You may also be able to avoid community service and probation if you are willing to complete an alcohol education course. However, these options are only available if you are convicted of an underage DUI.

What to Do If You Are Pulled Over for a DUI

It is important to stay calm and cooperate with law enforcement if you are pulled over for a DUI. However, it is also important to be aware of your rights during this time.

Here’s what to do if you are pulled over for a DUI:

• Pull over to the side of the road as soon as it is safe to do so
• Turn off your engine and remain in your vehicle
• Do not make any sudden movements
• Keep your hands on the steering wheel where law enforcement can see them
• Provide your driver’s license, proof of insurance, and vehicle registration when asked
• Do not answer any questions from law enforcement about whether or not you have been drinking
• Politely refuse to perform any field sobriety tests
• Politely refuse to take a breathalyzer or blood test at the scene
• Politely refuse to answer any questions from law enforcement about where you are coming from or where you are going

If you are an underage driver, it is important to remember that you are not required to take a breathalyzer or blood test if you are stopped on suspicion of driving under the influence. 

How to Prevent an Underage DUI

One of the best ways to avoid an underage DUI is to prevent it from happening in the first place. If you are under 21, you should never get behind the wheel of a car after consuming alcohol. It’s also important to remember that you don’t have to be “drunk” to be considered intoxicated. Even a small amount of alcohol in your system can lead to an underage DUI conviction.

It’s also important to find a safe and reliable way to get home if you are going to be drinking. Never get into a car with someone who has been drinking, even if they are a friend or family member. If you are going to a party, make sure you have a plan to get home before you start drinking. You can call a cab or use a ridesharing service to get home safely. If you are going to a party with friends, you can also assign a designated driver who will not be consuming alcohol.

Finally, make sure you are aware of your rights if you are pulled over on suspicion of a DUI. You have the right to refuse to answer any questions about where you are coming from or where you are going. You also have the right to refuse to perform a breathalyzer or blood test. But if you are an underage driver, you can face penalties if you refuse to complete a chemical test.

How to Get a DUI Expunged

If you are convicted of a DUI, it will remain on your criminal record forever. This is true whether you are convicted of a DUI as an adult or as a minor. However, it is possible to have a DUI conviction expunged in some cases. When a conviction is expunged, it is removed from your criminal record as if it never happened. But not all states allow DUI convictions to be expunged, and the laws are different in each state.

In Colorado, juvenile records are automatically sealed and may be eligible for expungement. However, not all juvenile records are eligible for expungement. For example, if a person is convicted of a sex offense, the conviction will remain on their record for the rest of their life. But if a person is convicted of an underage DUI, the conviction will be sealed until the person turns 21. When the person turns 21, they can petition the court to have their conviction expunged. If the petition is granted, the conviction will be removed from the person’s record as if it never happened.

If you are facing an underage DUI charge, it is important to contact an experienced defense lawyer right away. Your lawyer will fight to help you avoid a conviction. If a conviction is unavoidable, your lawyer will fight to have your charges and penalties reduced as much as possible. Finally, if you are convicted of an underage DUI, your lawyer can help you get your conviction expunged when you turn 21.

Call Rachel A. Michael, LLC today at (970) 616-6668 or contact us online to schedule a free initial consultation with an experienced Fort Collins underage DUI lawyer.