If you pick up a Colorado underage drinking and driving (UDD) case – which is where you drive with a BAC of 0.02% to 0.05% while younger than 21 years old – the length of your license revocation increases with each successive conviction.
You will receive a 3-month revocation for a first conviction, a 6-month revocation for a second conviction, and a 1-year revocation for a third conviction.
For a first-time offense, you have the option of requesting a probationary driver’s license (PDL) after only 30 days. For the remainder of your driver’s license revocation period, you may then commute to and from
- work,
- school,
- doctor’s appointments, or
- alcohol/drug classes and treatment.
For a second- and successive UDDs, you do not have the option of getting a probationary license. You may not drive a motor vehicle at all during the revocation period.1
| Underage drunk driving (UDD) offense | Driver’s license revocation period |
| First time | 3 months with the possibility of getting a probationary driver’s license 30 days into the revocation |
| Second time | 6 months |
| Third time | 1 year |
Can I contest my license revocation?
Yes. If you are arrested for being an underage person driving under the influence, you can request a DMV hearing to contest your license revocation.
A DMV hearing is an administrative trial where you can argue that you were not violating DUI driving laws. Like with a criminal trial, you can be represented by a criminal defense lawyer.
Note that DMV hearings are much harder to win than criminal trials, even with the help of a DUI defense lawyer. At a criminal trial, prosecutors have the burden to prove guilt beyond a reasonable doubt. In DMV hearings, the DMV requires a much lower burden of proof to revoke your license.
Either way, in my experience, DMV hearings are always worth having. They serve as a valuable “dry run” for your criminal case.2
A first-time UDD carries no jail time in Colorado.
Is UDD against the law in Colorado?
Yes. Nicknamed “Baby DUI”, underage drunk driving (UDD) is a driving offense that reflects Colorado’s “zero tolerance” policy for minors.
Adults 21 and older rarely get convicted of drunk driving with a BAC of less than 0.05%. In contrast, if you are under 21, you can get convicted of underage DUI (UDD) with a BAC as low as 0.02%. For many of the clients I see, that is the equivalent of just one beer.
Since you are not allowed to drink alcohol while under 21, you get punished for driving with even tiny amounts of alcohol in your system. It makes no difference if your driving was unimpaired and if you felt and acted sober.3
What are the penalties for a UDD?
The punishment for UDD increases with each successive offense:
| UDD offense | Penalties* |
| First-time offense | Class A traffic infraction:
|
| Second- or subsequent offense | Class 2 traffic misdemeanor:
|
| *In addition, you may be required to submit to an alcohol evaluation, take an alcohol education class, or enter a treatment program.4 | |
Other, non-court related consequences of a UDD case may include:
- Increased car insurance premiums
- Disqualification from admission to certain schools
- Rejection from certain scholarships or financial aid programs
- Suspension or expulsion from certain schools
- Being put on academic probation at certain schools
- Eviction from campus housing at certain schools
What if I have a BAC of more than 0.05%?
If you are an underage driver arrested with a blood alcohol content (BAC) of 0.08% or higher, you face the same DUI charges that adults 21 and older do. However, you will not have the option of getting a probationary driver’s license like adult drivers can. So for a first-time offense, you cannot drive for a full nine months.5
Meanwhile, if you are an underage driver arrested with a BAC of between 0.05% and 0.08%, you face the same DWAI charges (driving while ability impaired) that adults 21 and older do. However, you will lose your license for a full three months for a first-time offense, and you cannot get a PDL.6
Additional Resources
For more information, refer to these Colorado DMV articles:
- Alcohol DUI – Explanation about express consent laws and requesting a hearing.
- Alcohol and drug related offenses: Information about express consent laws for under-21 drivers and minor in possession charges.
- The DUI Process – Step-by-step guide to DUI cases in the DMV.
- Reinstatement Frequently Asked Questions – FAQs about how to get your driver’s license reinstated.
- Early Reinstatement (Interlock) – Information about regaining driving privileges early with an ignition interlock device.
Legal References
- See Alcohol and drug related offenses: Information about express consent laws for under-21 drivers and minor in possession charges. See also see also Reyna-Abarca v. People (2017) 390 P.3d 816; see also Turbyne v. People (2007) 151 P.3d 563.
- Colorado Department of Revenue Hearings Division, Colorado.gov.
- CRS 42-4-1301.
- CRS 42-4-1301; CRS 42-4-1701.
- CRS 42-4-1301.
- Same.
