Underage Drinking and Driving Ticket in Weld County
Defense Attorneys Discuss UDD

Accused of Underage Drinking and Driving? Headed to the Weld County Courthouse? Contact the O’Malley Law Office at 970-616-6009.

In Weld County, Colorado, a DUI or Driving Under the Influence ticket for someone under the age of 21 is called a Underage Drinking and Driving ticket or UDD. The attorneys at the O’Malley Office have years of experience defending DUI and UDD charges. An Underage Drinking and Driving ticket is a class A traffic infraction and while that does not seem like a severe sentence, it can come with penalties that can affect a young person’s life and future. Below our attorneys will discuss UDD and why it is important to hire a skilled and knowledgeable DUI attorney.

Greeley, Colorado, Legal Definition of Driving Under the Influence – Underage Drinking and Driving C.R.S. 42-4-1301(2)(d)

Underage Drinking and Driving, C.R.S. 42-4-1301(2)(d), in Greeley is defined as:

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.

An Underage DUI charge can result from a very small amount of alcohol in a young person. A Blood Alcohol Content or BAC of 0.02% to 0.05% could easily be the result of a cold medicine, a celebratory drink of wine at a family dinner, or eating a dessert with alcohol in it. In Colorado, this is sometimes referred to as Zero Tolerance Law, which is one of the toughest in the United States. It is important to note that 18-, 19-, and 20-year-olds are prosecuted the same way as juveniles in a UDD charge.  Adults who are 21-year-old and older do not have as severe or strict of driving laws as these young adults, since you must have a Blood Alcohol Content of at least .051 to be within the limits for a Driving While Ability Impaired, or DWAI.

What Happens to a Juvenile Driving Under the Influence if Their BAC was over 0.05% in Weld County?

A juvenile or young adult who is under the age of 21 and is caught driving with alcohol in their system, and has a BAC of over .05% will be prosecuted the same as an adult. This means that if their BAC was between 0.051%- 0.079% they could be charged with a DWAI or Driving While Ability Impaired. With a BAC of 0.08% or higher, they would be charged with a DUI charge. These charges have severe consequences like time in jail, large fines, community service and points (8 for a DWAI and 12 for a DUI) on their driver’s license. Remember, drivers aged 18, 19 and 20 only get 9 points before they lose their license.

Sentence and Penalties for Underage DUI – UDD in Windsor, Severance, or Eaton, Colorado

An Underage DUI sentence in Windsor, Severance, Eaton, or the rest of Colorado is a class A traffic infraction for the first offense. The penalties for the first offense do not include jail time, however they do include a 3-month license revocation, 24 hours of useful public service, $100 in fines, and alcohol / drug classes. A second UDD offense is a class 2 traffic offense, with penalties of 10 to 90 days in the Weld County Jail and / or up to $300 in fines, up to 24 hours of useful public service plus a $120 fee, an alcohol or drug evaluation at the defendant’s expense, an alcohol and drug education or treatment program at the defendant’s expense, 4 DMV points, and a six-month revocation on their driver’s license. A third or subsequent UDD is also a class 2 traffic offense with the same penalties as the 2nd offense, except with a year long revocation on their driver’s license.

Why Hire a Top Weld County DUI and UDD Attorney for Your Teenager?

The top attorneys at the O’Malley Law Office have over 30 years of experience with DUI and UDD cases. We know that young adults and teenagers can make mistakes, but it shouldn’t cost them everything. The penalties of a UDD conviction can affect a driver’s schooling, college admissions, scholarships, employment opportunities, or their involvement in sports or school clubs. We can aggressively fight for you and will study your case to get the best possible outcome.

Has your minor child, or college aged adult, been accused of Underage Drinking and Driving? If they or someone you love are headed to the Weld County Courthouse, first contact the O’Malley Law Office at 970-616-6009. 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 Flávio Santos