Colorado has some of the most active college communities in the country, and Larimer County is no exception. With Colorado State University in Fort Collins and a vibrant social scene stretching from Loveland to Estes Park, young people in this region face real-world temptations that can lead to serious legal consequences. One of the most common charges affecting drivers under 21 is Underage Drinking and Driving, known in Colorado as UDD.
Many young people assume that if they weren’t legally drunk, they can’t be charged with anything. That assumption is dangerously wrong. Colorado’s UDD law sets a much lower bar for under-21 drivers, and a conviction can trigger consequences that ripple through a young person’s life for years.
What Is UDD Under Colorado Law?
Colorado’s Underage Drinking and Driving statute — C.R.S. § 42-4-1301(2)(d) — creates a separate and distinct offense from standard DUI and DWAI. Under this law, a person who is under 21 years of age commits UDD when they drive a motor vehicle with a blood alcohol content (BAC) of at least .02 but less than .05.
That threshold (.02) is strikingly low. For most people, a single drink can push a BAC to .02 or above. There is no meaningful margin of error for a young driver who has consumed any alcohol at all.
It’s important to understand where UDD fits within Colorado’s broader impaired driving framework:
- .02 to .049 BAC — UDD (Underage Drinking and Driving)
- .05 to .079 BAC — DWAI (Driving While Ability Impaired), which applies to all drivers
- .08 BAC and above — DUI (Driving Under the Influence), which also applies to all drivers
This means an underage driver can face UDD charges at a BAC level that would not result in any criminal charge for a driver over 21. The law holds young drivers to a stricter standard and enforces it aggressively.
Penalties for a UDD Conviction in Larimer County
A first-offense UDD conviction in Colorado is a traffic offense, not a misdemeanor, but the consequences are still significant, particularly for a young person just starting out.
For a first offense, penalties can include:
- A fine of up to $150 (plus substantial court costs and surcharges)
- Up to 24 hours of community service
- A license suspension of three months through the DMV
- Mandatory completion of a Level I Alcohol Education program
- Four points added to the driver’s record
For a second or subsequent offense, the consequences escalate:
- A fine of up to $300 (plus costs and surcharges)
- Up to 48 hours of community service
- A one-year license suspension
- Mandatory Level II Alcohol Education or treatment
- Four points added to the driver’s record
If the driver’s BAC was .05 or higher at the time of the stop, prosecutors may choose to charge DWAI or DUI instead of, or in addition to, UDD. At that point, the penalties become significantly more serious, including potential jail time, longer license suspensions, ignition interlock requirements, and a permanent criminal record.
If Your College Student Was Cited in Fort Collins or Loveland, Act Quickly!
Parents who receive a late-night call that their son or daughter was pulled over and cited for UDD naturally feel a mix of relief and worry. The most important thing you can do in the days immediately following a UDD citation is consult with an experienced Larimer County criminal defense attorney before any court appearances, before any DMV deadlines pass, and before any statements are made to law enforcement or school officials. The decisions made in the first week after a UDD citation often determine the outcome of the entire case.
Contact a Larimer County Criminal Defense Attorney Today
Our office represents young drivers and their families throughout Larimer County, including Fort Collins, Loveland, Berthoud, Estes Park, and Windsor. If your child or someone you care about has been cited for UDD, DWAI, or DUI, call us today for a free and confidential consultation. We understand the stakes, and we’re here to help protect their future.
If you or your child has been charged with UDD, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by energepic.com