Underage Drinking and Driving Lawyer in Greeley, CO
How is “Baby DUI” Different from Driving Under the Influence Charges?

Underage Drinking and Driving, C.R.S. 42-4-1301 (2) (d) (I) – also known as “baby DUI” – is charged in Greeley when a person under 21 drives after consuming alcohol.  Underage Drinking and Driving / UDD is generally less severe than Driving Under the Influence / DUI and Driving While Ability Impaired / DWAI.  A person’s first UDD is charged as a class A traffic infraction, punishable by community service and potential alcohol education and treatment.  By comparison, penalties for even a first DUI or DWAI are far more severe.  In any case, it is still imperative to contact a top criminal defense lawyer to represent you if you have been charged with UDD, DUI, or DWAI.

Blog Navigation:

1. Colorado’s Law on Underage Drinking and Driving, C.R.S. 42-4-1301

2. How Does Baby DUI Compare to Driving Under the Influence Charges in Greeley?

3. Contact the Best Weld County DUI Lawyers Today

1. Colorado’s Law on Underage Drinking and Driving, C.R.S. 42-4-1301

Colorado’s law on Underage Drinking and Driving, C.R.S. 42-4-1301, is found in subsection (2) (d) (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.

This law applies for an underage driver’s first baby DUI when the driver’s BAC is between 0.02 and 0.05.  A second or subsequent offense is then charged as a class 2 traffic misdemeanor.  An underage driver with a BAC of 0.05 or greater would instead be charged with Driving While Ability Impaired or Driving Under the Influence, both of which are misdemeanors.

2. How Does Baby DUI Compare to Driving Under the Influence Charges in Greeley?

The primary difference between Baby DUI vs. Driving Under the Influence / Driving While Ability Impaired charged against people who are 21+ in Greeley is the penalties that result from conviction.  See the table below for a comparison between the penalties that will result from a first Baby DUI, DUI, or DWAI offense*:

Baby DUI – Class A Traffic Infraction
Driving While Ability Impaired –Misdemeanor
Driving Under the Influence –Misdemeanor
  • Up to 24 hours of useful public service
  • An alcohol evaluation, alcohol education program, and/or an alcohol treatment program paid for by the defendant
  • 2 – 180 days in the Weld County Jail
  • 24 – 48 hours of useful public service
  • Fine of $200 – $500, plus additional surcharges
  • Alcohol education + treatment
  • Victim impact panel appearance
  • 5 days – 1 year in the Weld County Jail
  • 48 – 96 hours of useful public service
  • Fine of $600 – $1,000, plus additional surcharges
  • License suspension for up to 9 months
  • Alcohol education + treatment
  • Victim impact panel appearance
  • Ignition interlock requirement for early reinstatement

*Note that the above penalties listed do not account for BAC of 0.15 or greater.

3. Contact the Best Weld County DUI Lawyers Today

Have you or has your child been charged with baby DUI?  Don’t wait – contact the best Weld County DUI lawyers today.  Representation is always essential in a DUI case of any kind, even when it comes to Underage Drinking and Driving.  Though the penalties may be less stiff than “normal” DUI / DWAI charges, baby DUI is still a crime that can leave you with a criminal record that will jeopardize your future.  Contact us today, and we can help you protect your future.


Have you been charged with Underage Drinking and Driving?  Be smart, and exercise your right to stay silent.  Then call 970-616-6009 to discuss your case with a top criminal defense lawyer today. Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

Photo by Maurício Mascaro