Underage DUI in Colorado Springs? Consequences and Defense Strategies

by | May 26, 2025 | DUI Defense, Juvenile Defense

If your teenager is facing an underage DUI charge in Colorado Springs, you’re likely feeling overwhelmed and uncertain about their future. As former prosecutors turned defense attorneys, we at Newby Lindley and Slater understand the unique challenges and severe consequences that come with a juvenile DUI charge. Let’s dive into what you need to know to protect the rights and future of your child.

Understanding Underage DUI in Colorado

When it comes to juvenile drinking and driving, Colorado takes a zero-tolerance approach. Unlike the standard 0.08% blood alcohol content (BAC) limit for adults, drivers who are under 21 years of age can face DUI charges with any detectable amount of alcohol in their system. Here’s what you need to know:

  • Zero Tolerance Law: Any BAC level above 0.02% can result in an underage DUI charge.
  • Implied Consent: Just by driving on Colorado roads, you have given your consent to chemical testing when under suspicion of driving under the influence.
  • Potential Charges: Depending on your BAC level, you could face a UDD (Underage Drinking and Driving) or a standard DUI charge.

The Severe Consequences Facing Minors

An DUI conviction can have long-term consequences for minors that extend well beyond legal penalties. Here’s what your child is up against:

  • License Suspension: Suspension of driving privileges for months or even years.
  • Fines and Fees: Substantial financial penalties.
  • Mandatory Alcohol Education: Court-ordered classes and treatment programs are common.
  • Criminal Record: Receiving a DUI under the age of 21 can result in a permanent criminal record.
  • Impact on Education: College applications and scholarships can be affected.
  • Future Employment: Many employers conduct background checks, potentially limiting job opportunities.

Related: How a Criminal Record Affects Employment in Southern Colorado

Unique Aspects of Underage DUI Cases in Colorado Springs

Colorado Springs, with its vibrant nightlife and proximity to military bases and colleges, presents unique challenges when it comes to DUIs for young drivers:

  • Increased Enforcement: Local law enforcement often targets areas popular with young people.
  • Military Consequences: For service members, receiving a DUI before their 21st birthday can have severe career implications.
  • College Disciplinary Action: Local institutions may impose their own penalties in addition to legal consequences.

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Defense Strategies a DUI Defense Attorney May Employ

When facing a DUI charge as a minor, a strong defense is crucial. Here are some strategies an experienced Colorado Springs juvenile criminal defense attorney might employ:

  • Challenging the Traffic Stop: Was there reasonable suspicion for the initial stop?
  • Questioning BAC Testing: Were breath or blood tests administered correctly?
  • Examining Field Sobriety Tests: These tests can be particularly unreliable for young, nervous drivers.
  • Investigating Procedural Errors: Did law enforcement follow all required procedures?
  • Exploring Diversion Programs: For first-time offenders, the attorney may be able to negotiate alternative resolutions.

The Importance of Experienced Legal Representation

When dealing with an underage DUI, not just any attorney will do. Your child needs a lawyer who understands the nuances of these cases and the local Colorado Springs legal landscape. At Newby Lindley and Slater, we offer the following:

  • Experience with DUI Cases Involving Minors: We understand the unique challenges young drivers face.
  • Knowledge of Local Courts: Our familiarity with Colorado Springs courts gives us an edge in defending your child.
  • Previous Experience as Prosecutors: As former prosecutors, we have the inside scoop on what defenses are most effective.
  • Aggressive Defense Strategies: We know how to challenge evidence and negotiate for reduced charges.
  • Understanding of Collateral Consequences: We don’t just defend against criminal charges; we work to protect your child’s future.
  • Compassionate Approach: We understand the stress you and your teen are under and provide supportive, judgment-free representation.

Related: Finding the Best Colorado Springs Juvenile Criminal Defense Attorney for Your Child

Steps to Take After Your Child’s Arrest for DUI

When facing an underage DUI charge, taking immediate action is crucial. Here’s what you need to do:

  • Exercise Your Right to Remain Silent: Remind your child that anything you say can be used against you. They should stay respectful of authority while limiting their communication with law enforcement.
  • Request an Attorney Immediately: Given the complexity of drunk driving charges involving minors, expert legal representation is essential.
  • Document Everything: Write down every detail about the arrest as soon as possible.
  • Attend All Court Dates: Missing a court appearance can result in additional charges and penalties.
  • Be Honest with Their Attorney: Encourage your child to provide all the facts to their attorney. Remember that these discussions are protected by attorney-client privilege, but their communications with you are not. Complete honesty between your child and their attorney is essential to building the strongest possible defense.

Long-Term Impact of a DUI Conviction

Understanding the long-term consequences of an underage DUI is crucial:

  • Insurance Rates: Auto insurance premiums may skyrocket for underage drivers.
  • College Admissions: Some institutions consider criminal records in their admissions process.
  • Professional Licenses: Certain careers may be off-limits when a conviction for drinking and driving is on their criminal record.
  • Travel Restrictions: Some countries maintain their right to deny entry to individuals with DUI convictions.
  • Personal Relationships: The stress of a DUI can strain family and social connections.

Protecting Your Child’s Future After an Underage DUI

While a juvenile DUI is a serious matter, it doesn’t have to define their future. Here are some steps to consider:

  • Comply with All Court Orders: Completing required programs and paying fines on time and from their personal accounts shows responsibility.
  • Seek Substance Abuse Treatment: Even if not court-ordered, this can demonstrate their commitment to change.
  • Maintain Academic Success: If they are a student, good grades can help mitigate the impact of a DUI.
  • Consider Community Service: Volunteer work can sometimes help in negotiations or sentencing.
  • Explore Record Sealing: In some cases, it may be possible to seal your child’s record after all sentencing requirements have been met and a specific period has passed.

You Might Like: How Hiring An Experienced Drunk Driving Attorney Can Impact the Outcome of Your DUI Case

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Why Choose Newby Lindley and Slater for Juvenile DUI

When your child’s future is on the line, you need more than just a lawyer – you need a team that understands the intricacies of underage DUI cases in Colorado Springs. At Newby Lindley and Slater, we offer the following:

  • Former Prosecutor Insight: We know how the other side builds cases against young drivers.
  • Local Expertise: We understand Colorado’s DUI laws and how they specifically impact underage drivers.
  • Successful Track Record: We have a history of successful outcomes in juvenile DUI cases.
  • Comprehensive Defense: We fight not just criminal charges but also work to protect their future opportunities.
  • Personalized Attention: We understand that every case is unique and requires a tailored defense strategy.

Take Action to Protect Your Child’s Future

An underage DUI charge in Colorado Springs is serious, but it doesn’t have to derail your child’s entire future. At Newby Lindley and Slater, our experienced drunk driving attorneys are ready to put our experience as former prosecutors to work immediately. We understand the complexities of DUI cases, the severe consequences if convicted, and the best strategies to protect their rights and future.

Remember, when it comes to your child’s future, the stakes are too high to face a DUI charge alone. Contact Newby Lindley and Slater today for a free, confidential consultation. Let us show you how our unique perspective and dedicated approach can make a difference.

James Newby

James Newby is a criminal defense attorney in Colorado Springs and the managing attorney of the criminal justice law firm James Newby Law. James got into law because of a deep-rooted passion for helping good people that may have made a poor choice that could have lasting consequences.