Driving Under the Influence, Driving While Ability Impaired, and Underage Drinking and Driving / UDD are common charges for students at Colorado State University in Fort Collins. Each offense is charged when a person drives after consuming alcohol, marijuana, or another psychotropic substance. The primary differences between how a CSU student is charged for drinking and driving is their age, their Blood Alcohol Content / BAC at the time that they drove, and how their ability to drive was affected. If your child is a CSU student who has been charged with DUI, DWAI, or UDD, contact our Fort Collins DUI lawyers today to discuss their case and help protect their future.
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Driving Under the Influence / Driving While Ability Impaired, C.R.S. 42-4-1301: 21+ Years Old in Fort Collins
If a CSU student is 21 years old or older when they’re arrested for drinking and driving, they will be charged with Driving Under the Influence, C.R.S. 42-4-1301 (1) (a), or Driving While Ability Impaired, C.R.S. 42-4-1301 (1) (b). The specific charge depends on:
- The student’s BAC at the time that they drove:
- A BAC of 0.051 – 0.079 is grounds for DWAI charges.
- A BAC of 0.08 or greater will instead result in DUI charges.
- How the student’s ability to drive was affected by alcohol:
- DWAI is charged for an ability to drive that is affected “to the slightest degree.”
- DUI is instead charged when a person is rendered “substantially incapable” of exercising clear judgment and physical control while driving.
Larimer County Underage Drinking and Driving, C.R.S. 42-4-1301 (2) (d): Under 21 Years Old
In Larimer County, a Colorado State University student who is under 21 years old and is arrested for intoxicated driving could instead be charged with Underage Drinking and Driving, C.R.S. 42-4-1301 (2) (d). This is also known as “Baby DUI,” and it’s a class A infraction for the first offense. However, it is critical to understand that Underage Drinking and Driving is only charged if the person’s BAC at the time that they drove was between 0.02 and 0.05. If an underage person drinks and drives with a higher BAC, they will be charged with DWAI or DUI.
What are the Penalties for Baby DUI vs. DUI / DWAI in Loveland?
The penalties for “Baby DUI” are substantially lower compared to those for DUI and DWAI in Loveland. See the table below for a comparison of penalties for a first offense:
Offense |
Classification |
Penalties |
Underage Drinking and Driving / “Baby DUI” | Class A traffic infraction |
|
Driving While Ability Impaired / DWAI | Misdemeanor |
|
Driving Under the Influence / DUI | Misdemeanor |
|
Regardless of whether your child has been charged with Underage Drinking and Driving, Driving Under the Influence, or Driving While Ability Impaired, substantial repercussions can result if they are convicted. Don’t wait – call us today to help you protect your child’s future and secure the representation they need.
Has your child been charged with DUI, DWAI, or UDD? Help them to be smart, and exercise their right to stay silent. Then call 970-658-0007 to discuss their case with a top Fort Collins DUI lawyer today. Together, we can protect your child’s future.
The location for the Larimer County Justice Center is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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