Underage DUI We Represent Clients Statewide in Colorado

Underage DUI Attorney in Denver

A Former Colorado Prosecutor Defending Minors Since 1995

An arrest for drinking and driving can create two separate matters: a court case and a Colorado DMV proceeding that affects driving privileges. The deadline for requesting a DMV hearing can arrive before the first court appearance, so families should review the paperwork immediately.

M. Colin Bresee brings former-prosecutor insight to criminal defense. We apply that background when assessing how the government built an underage DUI defense case, what the evidence shows, and which issues require immediate attention. Free initial consultations are available.

Don’t wait for a court date to review the paperwork. Call (303) 747-4032 for a free consultation about the criminal charge and the separate license proceeding.

Colorado’s Underage Alcohol-Driving Charges

Colorado uses different charge categories based on the alleged conduct and applicable blood alcohol content (BAC) standard. Under C.R.S. 42-4-1301(2)(d)(I), underage drinking and driving (UDD) applies to drivers under 21 within a lower statutory BAC range.

The principal charge categories include:

Underage Drinking and Driving: UDD covers the statutory BAC range of at least 0.02 but not more than 0.05 for a driver under 21.
Driving While Ability Impaired: DWAI addresses driving after alcohol or drugs affect a person’s ability to operate a vehicle to the slightest degree.
Driving Under the Influence: DUI addresses substantially impaired driving, while DUI per se is based on the applicable statutory BAC threshold regardless of observed impairment.

Colorado treats each of these charges as a strict-liability offense. The prosecution doesn’t have to prove that the driver intended to violate the law. The reported BAC, test timing, and evidence surrounding the stop help determine which allegation applies.

Consequences of Underage Drinking & Driving in Denver

A first UDD violation is a class A traffic infraction. A second or subsequent UDD violation is a class 2 traffic misdemeanor, so the classification becomes more serious when prior violations exist.

Consequences depend on the charge, the driver’s record, the final court disposition, and any separate Colorado DMV action. They can involve fines, alcohol-related requirements, community service, restrictions on driving privileges, and DMV points. DWAI and DUI allegations follow different statutory frameworks from a first UDD infraction and require a charge-specific review.

Colorado’s graduated licensing rules can create additional concerns for younger drivers. The court case and the administrative license matter remain separate, even when they rely on overlapping reports or BAC evidence. Addressing only one proceeding leaves the other unresolved.

Criminal Defense Built Around the Individual Case

Attorney Bresee’s former-prosecutor background gives us a practical framework for reviewing the government’s evidence. Having evaluated evidence from the government’s side, he knows where investigations rest on solid ground and where they don’t.

Our practice is devoted to criminal defense. He has handled thousands of criminal matters and tried hundreds of cases before juries, experience that informs preparation for negotiations, contested hearings, and trial. We develop each strategy through investigation and analysis based on the circumstances of the case.

He holds a 2026 Distinguished peer-reviewed rating from Martindale-Hubbell. The rating recognizes professional achievement across legal knowledge, capability, judgment, communication, and experience. We represent clients in Denver and throughout the surrounding metro area.

Why Denver Families Work with Law Offices of M. Colin Bresee

Parents often need answers about more than the charge itself. They need to know which paperwork controls the DMV deadline, where the case will proceed, what evidence should be preserved, and how to discuss the matter without creating unnecessary complications. We help families separate immediate decisions from questions that can wait until we review the reports and test evidence.

Our review connects the government’s evidence, potential contested issues, and the procedural steps ahead. We give families a direct assessment of the available information and explain what requires immediate attention.

Law Offices of M. Colin Bresee serves Denver and the surrounding metro area.

Discuss an Underage DUI Arrest with Our Denver Lawyer

Review the arrest paperwork promptly so you don’t miss the separate Colorado DMV deadline. A timely filing preserves the opportunity for a hearing, while the criminal court matter requires its own response. Contact Law Offices of M. Colin Bresee for a free initial consultation.

We can evaluate the charge, the administrative notice, and the available evidence before the family decides how to proceed.

Call (303) 747-4032 or use our contact form to request your free consultation with a juvenile DUI attorney serving Denver and the surrounding metro area.

Long-Term Consequences of an Underage DUI Case

The practical effects of a case involving a young driver depend on the charge, final disposition, and requirements imposed by the organization reviewing the record. A traffic infraction, misdemeanor conviction, diversion agreement, deferred judgment, and juvenile adjudication don’t create identical records or disclosure obligations.

Education & Financial Aid
A college, scholarship program, or financial aid provider may ask about disciplinary or legal history. The wording of the question and the case’s final outcome determine what information must be disclosed.

Employment Background Checks
An employer may review criminal history or driving records, particularly when a position includes operating a vehicle. What appears in a background check depends on the record searched and how the case concluded.

Professional Licensing
Licensing boards set their own disclosure and character-review requirements. Applicants should read each question carefully and obtain advice about how the disposition must be reported.

Auto Insurance
A UDD, DWAI, DUI, or license action can affect insurance decisions. The effect depends on the driving record, insurer, policy, and final result of the proceedings.

Housing Applications
Some housing providers conduct background checks. Whether an underage driving matter appears or affects an application depends on the type of record and the provider’s criteria.

Record Sealing in Colorado

Record-sealing eligibility depends on the court path, offense classification, disposition, and current Colorado law. Certain juvenile resolutions, including some diversion agreements and adjudications, can have different sealing rules from cases resolved in adult court. A case-specific review is necessary before relying on a particular eligibility period or filing procedure.

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What Sets Us Apart?

Former Prosecutor
Results-Driven, Trial-Ready Advocacy
24/7 Availability & Direct Access
Free, Confidential Consultations
30+ Years of Experience

How We Evaluate an Underage DUI Case

We begin by reconstructing the investigation from the available records instead of relying only on the charge listed on a summons. Attorney Bresee’s prosecution background informs how we review the stop, the officer’s reports, witness information, chemical testing, and the sequence of events leading to the arrest.

The statutory UDD threshold makes careful review of the BAC evidence important. We compare the documented driving time with the breath or blood collection time, examine the reported result, and identify the evidence supporting the alleged charge category. The analysis remains tied to the records available in that individual case.

Our evaluation can address:

The traffic stop: We review the stated reason for the stop and how the encounter developed into an alcohol- or drug-related investigation.
Officer documentation: We compare reports, citations, affidavits, video, and other available records for consistency.
BAC testing: We assess the reported result, collection timing, testing records, and the way the evidence relates to the statutory standard.
Witness information: We identify people who observed the driving, alcohol consumption, stop, arrest, or events surrounding the investigation.
Alternative resolutions: We evaluate diversion, deferred dispositions, or other available paths based on the charge, court process, record, and facts.

The criminal case and Colorado DMV proceeding can involve the same officer reports and test evidence, but they remain separate matters. We account for both when developing a strategy tailored to the circumstances instead of assuming that an outcome in one proceeding controls the other.

Juvenile Court vs. Adult Court in Denver

Denver has separate courts, including a dedicated Juvenile Court. Criminal and juvenile matters are heard at the Lindsey-Flanigan Courthouse, but the applicable process depends on the driver’s age, the charge filed, and the circumstances of the case.

An underage driver isn’t automatically placed in a particular court merely because the allegation involves alcohol. The case classification and the person’s age must be reviewed together. These distinctions affect procedure, available resolutions, and record-related questions, so we confirm the assigned court before advising a family about the next steps.

Colorado DMV Express Consent Hearing Requests

Colorado DMV administrative proceedings address driving privileges after certain alcohol- or drug-related stops. This process is separate from the criminal case, even when both proceedings use the same test results, officer reports, or consent documents.

A hearing request must be submitted within up to 7 calendar days from the applicable arrest date or the date on the DMV notice, depending on the notice type. Prompt review of the paperwork is essential. Missing the applicable deadline waives the hearing and allows the revocation to take effect.

A person who missed the deadline can submit a written request for a late hearing explaining why the filing wasn’t timely. That petition process doesn’t replace filing within the original period. During our review, we can examine the officer’s express consent affidavit and related records alongside the criminal case evidence.

What Parents Should Do After an Underage DUI Arrest in Denver

Parents can help by preserving information, identifying deadlines, and avoiding detailed case discussions before the available records are reviewed. The immediate priority is organization, not trying to resolve every legal question in the first conversation.

Practical first steps include:

Review the paperwork: Locate the summons, release documents, test information, and any notice from the Colorado DMV. Check for a deadline tied to the arrest or the date shown on the notice.
Write down the timeline: Record the approximate driving time, stop, testing, and release while those details remain fresh.
Preserve relevant information: Keep receipts, witness names, messages, ride-share records, photographs, and other materials connected to the events.
Avoid unnecessary statements: Don’t make statements to the school district about the arrest before speaking with your attorney. Obtain legal guidance before the young driver gives a detailed account to law enforcement, insurers, or other outside parties.
Request a consultation: A free initial consultation can address the court case, the DMV process, and the family’s immediate questions.

When DWAI or DUI Can Become a Felony

Colorado can charge a new DWAI, DUI, or DUI per se violation as a class 4 felony when it follows three or more qualifying prior convictions from separate episodes. Qualifying convictions include DUI, DUI per se, DWAI, vehicular homicide, and vehicular assault.

Colorado considers qualifying DUI and DWAI convictions across a person’s lifetime for this purpose. An accurate review of the driver’s complete record is therefore essential when a new allegation involves prior drinking-and-driving cases.

Underage Alcohol Possession or Consumption

A driving allegation can be accompanied by a separate charge for possession or consumption by a minor. Under C.R.S. 18-13-122, a person under 21 who possesses or consumes ethyl alcohol in Colorado commits illegal possession or consumption of alcohol by an underage person, a strict-liability offense.

A first offense can carry a fine of up to $100, or a required substance abuse education program, or both. The statute also contains specific exceptions involving a parent or legal guardian, or a person acting with that guardian’s permission. Whether an exception applies depends on the facts and evidence.

The Two-Hour BAC Measurement Window

For UDD, Colorado’s statute applies when a breath analysis falls within the statutory BAC range at the time of driving or during the post-driving measurement period. The per se standard likewise considers the applicable BAC threshold during that period.

The documented driving time and chemical-test time therefore matter when evaluating BAC testing. We compare those times with the officer’s narrative, test records, video, witness information, and other available evidence to determine how the statutory measurement window applies.

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