Breckenridge Juvenile DUI Defense Attorneys
Juvenile DUI Charges in Breckenridge, Colorado
Facing a juvenile Driving Under the Influence (DUI) in Breckenridge is an extremely stressful time for the child and their family. Going through the criminal justice process is daunting and the penalties for DUIs can be severe.
If your child, or you yourself, are facing a DUI charge in Breckenridge or the surrounding area, the lawyers at Whitaker & Penix, LLC are here to help. We will ensure your rights are upheld, passionately defend you throughout the process, and fight for the best outcome for your case. Call our criminal defense attorneys today at (970) 368-0602 for a free case consultation.
Laws on Underage DUIs
In Colorado, the charge a juvenile will face if they are caught driving under the influence of alcohol depends on their blood alcohol content (BAC). Colorado’s laws on underage/juvenile drunk driving (applying to anyone under 21 years old) require a significantly lower BAC than adult DUI charges.
A juvenile may be charged with Underage Drinking and Driving (UDD) if they are found driving with a BAC of between 0.02% and 0.05%, which essentially means that Colorado has a “zero tolerance” policy. If the child’s BAC is between 0.05% and 0.08%, they may be charged with Driving While Ability Impaired (DWAI). If the juvenile’s BAC is 0.08% or over, they may be charged with DUI, the most serious offense.
Driving Under the Influence of Drugs
Driving while under the influence of drugs is less straightforward than the laws on driving while under the influence of alcohol. In Colorado, driving while under the influence of drugs is not a charge in itself, but may be prosecuted as a DWAI or the more serious DUI charge.
These charges can apply whether a person consumed legal, illegal, recreational or prescription drugs. The tests for adults and juveniles are the same in this area. If the drugs affected the driver to make them “substantially incapable” of exercising clear judgment, sufficient control, or due care in operating the vehicle, a DUI charge can apply. If the drugs affected the driver to the “slightest degree” whereby they are “less able than the person ordinarily would have been” to safely operate the car, a DWAI charge may apply.
Penalties for Juvenile DUIs
A juvenile’s first UDD charge can result in fines, a three-month license revocation, Department of Motor Vehicles (DMV) points (this can lead to higher insurance rates or a suspended license), community service, and enrollment in a treatment program. These penalties increase in severity with repeated offenses.
If the juvenile is charged with a DUI or DWAI, they face the same penalties as adult offenders. DWAI charges can result in up to 180 days in jail as well as fines, community service, and DMV points. A DUI can result in up to 1 year in jail, substantial fines as well as community service and license revocation.
Potential Defenses
A number of potential defenses are available to juveniles facing UDD, DUI or DWAI charges. Whether pulling someone over or at a routine traffic stop, police officers must have reasonable suspicion or a reasonable basis to require the driver to perform some form of alcohol or drug testing. In some cases it is arguable this reasonable basis did not exist.
In some instances, it may be possible to argue the method of testing, whether a breathalyzer or blood test, was not administered correctly or was incorrectly handled, leading to inaccurate results.
Call a Breckenridge Defense Attorney at Whitaker & Penix, LLC today
DUI, DWAI and UDD charges in Summit County can severely impact your child’s, or your own, life. Given the gravity of these charges, it is crucial to have a skilled Breckenridge juvenile crime defense attorney who will passionately fight in your defense. Call Whitaker & Penix, LLC today at (970) 368-0602 for experienced, aggressive representation.