Underage DUI We Represent Clients Statewide in Colorado

Underage DUI Attorney in Denver

A Former Colorado Prosecutor Defending Minors Since 1995

An underage DUI arrest in Denver starts two clocks at once. The criminal case moves through the courts, and a Colorado Department of Revenue administrative proceeding begins immediately, with a seven-day deadline to request a hearing before a license is automatically revoked. If that window closes without action, driving privileges are gone before any judge hears a word.

M. Colin Bresee spent years as a Colorado prosecutor before crossing to criminal defense. He’s handled thousands of cases and hundreds of jury trials since 1995, and he brings that prosecution background directly to bear on how underage DUI defense cases are built and where the evidence is vulnerable. Free initial consultations are available.

The seven-day DMV deadline doesn’t wait for a court date. Call (303) 747-4032 to protect your child’s license and begin building a defense before opportunities close.

Colorado’s Three-Tier Underage DUI Law

Colorado doesn’t apply a single charge to every underage driver. Under C.R.S. 42-4-1301(2)(d), the law creates three tiers based on BAC, and each carries a different level of consequences.

The charge tiers are:

Underage Drinking and Driving (UDD): BAC of 0.02 to 0.05. The threshold is low by design. One drink can produce a chargeable reading. UDD is a strict-liability offense, meaning safe or unimpaired driving is not a defense.
DWAI: BAC of 0.05 to 0.08. Prosecuted under the same statutes that apply to adult drivers.
DUI: BAC of 0.08 or higher. Full adult DUI penalties apply.

Most families are surprised to learn the UDD threshold is this low. Colorado’s zero-tolerance law isn’t designed to measure impairment. It’s designed to detect any consumption at all.

Penalties for Underage Drinking and Driving in Denver

What looks like a minor infraction on a first offense can escalate quickly if the case isn’t handled carefully. Each tier carries specific penalties, and repeat offenses make them worse.

First UDD (BAC 0.02 to 0.05): Class A traffic infraction. Three-month license revocation, fines up to $100, up to 24 hours of community service, mandatory alcohol evaluation at the minor’s expense, and 4 DMV points added to the driving record.
Second UDD: Class 2 traffic misdemeanor. Six-month revocation, 10 to 90 days in jail, fines of $150 to $300.
Third or subsequent UDD: Class 2 traffic misdemeanor with a one-year revocation.
DWAI (BAC 0.05 to 0.08): First offense carries 2 to 180 days in jail, $200 to $500 in fines, 24 to 48 hours of community service, and 8 DMV points.

Colorado’s graduated licensing rules add another layer. Drivers under 18 who accumulate 6 points within 12 months, or drivers ages 18 to 20 who accumulate 9 points within 12 months, face a separate license suspension on top of any UDD revocation. And if the criminal case is dismissed, the DMV revocation remains in effect under C.R.S. 42-2-126(6)(a). Both proceedings require a response.

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

Mr. Bresee left prosecution to help accused individuals pursue fair treatment under the law. That wasn’t a career pivot. It was a deliberate choice, and it shapes how he approaches every case. Having evaluated evidence from the government’s side, he knows where investigations rest on solid ground and where they don’t.

With hundreds of jury trials behind him, Mr. Bresee prepares every case as if it may go to trial. That level of preparation reflects the firm’s courtroom focus. His 2026 Distinguished peer-reviewed rating from Martindale-Hubbell reflects high quality across knowledge, capability, judgment, communication, and experience. Criminal defense is all we do, so investigation, strategy, and courtroom preparation aren’t divided across unrelated fields.

Law Offices of M. Colin Bresee serves Denver and the surrounding metro area, including the greater Arapahoe, Douglas, Jefferson, and El Paso County regions.

Speak with an Underage DUI Lawyer in Denver Today

The seven-day window to request a DMV hearing begins at the time of arrest. Missing it means automatic license revocation with no chance to contest it. Contact Law Offices of M. Colin Bresee for a free initial consultation as soon as possible after an arrest.

Mr. Bresee’s 30-plus years of criminal law experience, grounded in prosecution and sharpened by thousands of defense cases, gives your family a clear-eyed read on where the case stands from day one.

Call (303) 747-4032 or reach us online to schedule your free consultation with a juvenile DUI attorney serving Denver and the surrounding metro area.

Long-Term Consequences of an Underage DUI Conviction

The penalties listed in the statute are only part of the picture. A UDD or DUI conviction can follow a young person into college applications, the job market, and professional licensing reviews years after the case closes.

College Admissions and Financial Aid
Many universities ask about criminal and traffic histories during admissions. A conviction can affect acceptance decisions and may put scholarships or financial aid at risk.

Employment Background Checks
Employers who run background checks may surface a DUI conviction. Fields that require a clean driving record or criminal history can become inaccessible.

Professional Licensing
Licensing boards for law, medicine, nursing, teaching, and commercial driving ask about criminal and traffic histories. An unresolved charge or conviction can create obstacles long after the incident itself.

Auto Insurance
Premiums typically rise significantly after a UDD or DUI conviction and may remain elevated for years.

Housing Applications
Landlords may ask about criminal history, and a conviction can complicate applications for rental housing.

Record Sealing in Colorado

Certain juvenile court resolutions, including diversion agreements and adjudications handled in juvenile court, may be eligible for record sealing under Colorado law, which limits public access to the record. Outcomes handled in adult court carry different sealing timelines and eligibility requirements. A first UDD treated as a class A traffic infraction is not a criminal conviction, which affects sealing eligibility differently than a DWAI or DUI misdemeanor. Which path a case takes matters well beyond the courtroom date.

Continue Reading Read Less

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 Approach Underage DUI Defense

Mr. Bresee’s background in prosecution directly informs how he reviews an underage DUI case. He knows what law enforcement is required to document, how breath-testing procedures are supposed to be followed, and where gaps in police work tend to appear. That knowledge shapes where the defense starts looking.

At the 0.02 BAC threshold, the margin for error is narrow. A calibration deviation or a departure from required testing protocol can push a result below the legal limit. The difference between 0.021 and 0.018 can determine whether a charge stands at all. Reviewing calibration logs, maintenance records, and the sequence of testing steps is a standard part of evaluating every UDD case.

Common defense angles in underage DUI cases include:

Lawfulness of the traffic stop: Many underage DUI stops begin with an unrelated traffic violation. Whether the officer had adequate grounds to initiate a DUI investigation from that stop is a core question.
Grounds to request a BAC test: Officers must have specific justification to require a breath or blood test. Reviewing whether that standard was met is part of every case evaluation.
Breath-test equipment records: Calibration logs and maintenance history can reveal whether the device used was functioning within required tolerances.
Officer procedure with minors: Law enforcement is required to follow specific procedures when dealing with minors. Departures from those requirements may support a challenge to the evidence or a motion to dismiss.
Diversion and alternative resolutions: When available and appropriate, diversion programs or deferred adjudication can reduce long-term harm to a minor’s record. Evaluating those options is part of developing a strategy tailored to the individual case.

The criminal defense strategy and the DMV hearing strategy interact. Evidence developed or cross-examination conducted at the administrative hearing can inform how the criminal case proceeds. Both tracks require attention from the start.

Juvenile Court vs. Adult Court in Denver

Denver is distinctive among Colorado judicial districts in having four constitutionally separate courts, including a dedicated Juvenile Court. Both criminal and juvenile matters are heard at the Lindsey-Flanigan Courthouse, but a minor’s age determines which court handles the case and how proceedings unfold.

A driver 17 or younger typically appears in Denver Juvenile Court, where the emphasis is on rehabilitation and services rather than punishment. Judges at initial advisements frequently ask about school status, family support, and counseling when setting conditions of release. Completing probation, community service, and alcohol treatment requirements early can influence future eligibility for record sealing or modification of conditions.

A driver who is 18, 19, or 20 is handled in Denver County Court under adult procedures. The zero-tolerance alcohol standards still apply, but the process mirrors adult criminal court. A college student or recent high school graduate in this position faces both adult court proceedings and potential school disciplinary action at the same time, and both need to be addressed.

The Seven-Day DMV Hearing Deadline After an Underage DUI Arrest

The Colorado Department of Revenue administrative license revocation process runs entirely separate from the criminal case. After an underage DUI arrest, the minor or their attorney must request a DMV hearing within seven days to contest the pending revocation. Missing that deadline generally results in automatic revocation with no opportunity to challenge it.

The administrative burden of proof at a DMV hearing is lower than in criminal court, which means preparation matters even when the criminal defense is strong. At the hearing, an attorney can review the officer’s express consent affidavit, breath or blood test records, and challenge procedural errors in how the stop or test was conducted.

The two proceedings are legally independent under C.R.S. 42-2-126(6)(a). Dismissal of the criminal case doesn’t restore driving privileges, and each proceeding requires a separate response. A minor who refused a chemical test faces administrative revocation under Colorado’s express consent statute, triggering the same seven-day deadline. On a first UDD offense with a BAC below 0.05, a probationary license allowing limited driving to school or work may be available after 30 days of the revocation period.

What Parents Should Do After an Underage DUI Arrest in Denver

The decisions made in the first 24 to 48 hours after an arrest carry real consequences. Here’s what to do immediately.

Advise your child to stay silent: Minors are more likely to make incriminating statements under pressure. They shouldn’t answer law enforcement questions until an attorney is present.
Contact a criminal defense attorney as soon as possible: The seven-day DMV deadline begins at the time of arrest, not the court date. Waiting until the first court appearance may be too late to contest the license revocation.
Document the timeline: Note the time of the stop, what the officer said, whether Miranda rights were read, and the sequence of any testing. Write it down while the details are fresh.
Preserve any relevant records: Receipts, witness contact information, ride-share records, and social media can provide useful context for the defense.
Consult an attorney before speaking to the school: School administrators may reach out independently of law enforcement. Don’t make statements to the school district about the arrest before speaking with your attorney.

Continue Reading Read Less

Contact Us Today

At Law Offices of M. Colin Bresee, we're always ready to take your call! Give us a call at (303) 747-4032 or fill out the form below to contact our team.

First Name
Last Name
Phone
Email
Are you a new client?
How can we help you?
By submitting, you agree to receive text messages from Law Offices of M. Colin Bresee at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
🛡️ Please enter the above verification code: