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Underage Drinking and Driving


Patterson Weaver Law is a premier law firm dedicated to addressing its clients’ needs quickly and thoroughly. Proudly serving Colorado Springs, Pueblo, Teller County, Park County, Fremont County, and the surrounding areas, attorney Patterson Weaver will work exhaustively to bring you the best outcome possible.

It’s human nature; we always want what we can’t have. However, a young person’s choice to drink while under the legal age limit, and then get behind a wheel of a car can have significant consequences. If someone finds themselves charged with Underage Drinking and Driving, conferring immediately with an experienced UDD attorney can yield a remarkably better outcome for you.

Can Minors Drink Alcohol With Parents in Colorado?

In Colorado, minors are allowed to consume alcohol with parents/guardians present. Colorado's exception requires the knowledge and consent of the owner of the private property when minors consume alcohol (in addition to the consent and presence of a parent or guardian). Usually, the best way to allow for this law to be an exception to you is to drink in private parties and not drink in public as a minor. Possessing alcohol is also prohibited for a minor with the exception of a parent/guardian.

What are the Consequences of a UDD Conviction?

The consequences of a UDD conviction can include taxing fines, loss of a license, and possible jail time. Hiring a lawyer experienced in UDD defense can assist you to:

  • Keep your driver's license
  • Reduce or eliminate potential jail time;
  • Obtain a deferred sentence (or even sometimes plea to a non-alcohol related charge);
  • Reduce fines;
  • Reduce required hours of public service.

It is possible, in some situations, to defeat a UDD charge completely. To explore the outcomes of your individual case, you should contact a skilled and accomplished UDD attorney as soon as possible. Attorney Patterson Weaver offers free consultations and case evaluations and would be pleased to confer with you regarding the particulars of your situation with you.

Exactly What is a UDD?

The charge of Underage Drinking and Driving (UDD) means:

". . . any person under twenty-one years of age driv(ing) a motor vehicle or vehicle when the person’s Blood Alcohol Level (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...” C.R.S. 42-4-1301(2)(a.5) (2013)."

In layman's English, UDD means that someone, under the age of 21, is operating a vehicle when they have consumed alcohol. And it does not have to be a very significant amount of alcohol either. A BAC of 0.02 means even minimal amounts of alcohol could have been ingested, and one could still be charged with UDD.

However, even if the police officer states that you have a BAC above 0.02, this does not mean you do not have any defenses available to you. The process of finding a BAC level involves devices and scientific processes, all of which have a margin of error. With a low level like 0.02, that margin of error can make a big difference when discussing negotiations with the DA, or even as a strategy to win at trial. If you consider the scientific margin of error, and then factor in possible human error rates in the testing, this can sometimes cause the UDD charge to be dismissed completely.

For a free case evaluation, please call attorney Patterson Weaver today and discuss the options available in your individual case. The prosecution will certainly have an attorney pursuing their interests, call an experienced lawyer today to protect and pursue your best interests.

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