Skip to Content
Top
Underage DUI

Denver Underage DUI Attorney

Don't Risk a DUI Conviction - Call Fife Luneau, P.C.!

If you are under the age of 21 and have been arrested for driving under the influence of alcohol or drugs, you face serious legal consequences. In addition to potential damage to your reputation, you may lose your driver's license, pay fines, and risk jail time. 

Even without a conviction, an arrest can create challenges in your daily life. If you are dealing with a DUI charge as a minor, you should seek legal representation immediately from a Denver juvenile DUI attorney.

Our Denver underage DUI lawyer offers the legal support you need. At Fife Luneau, P.C., we focus on delivering personalized service, so you can count on us to work diligently to help you avoid the harsh consequences of a DUI conviction.

When families contact us after a late-night call from law enforcement, we understand that they are often scared, confused, and unsure of what will happen next. We take the time to explain how the underage DUI process works in Denver, what paperwork to expect, and which hearings will come first. By setting out a clear plan from the start, we help parents and young people feel more in control while we begin preserving evidence, tracking deadlines, and preparing for both the criminal case and any related school or disciplinary hearings.

Call our Denver underage DUI lawyer at (720) 408-7130 or contact us online for a consultation today.

What Is Considered a DUI in Colorado?

Under Colorado law, underage DUIs are treated similarly to adult DUI charges. The state enforces a strict zero-tolerance policy for driving under the influence of alcohol or drugs for those under 21. If law enforcement suspects impairment while you are under 21, they may arrest you and file DUI charges.

The state's definition of a DUI encompasses:

  • Driving a vehicle while impaired by alcohol, drugs, or a combination of both.
  • Driving with a BAC of .05 percent or higher. This threshold is significantly lower for minors due to their lack of legal drinking status.
  • Presence of a Schedule I or II drug. These are specified under federal law and include substances often linked to severe legal consequences.
  • Presence of a Schedule III, IV, or V drug. The detection of these substances while driving also draws legal scrutiny.

The minimum penalties for an underage DUI in Colorado include a license suspension and a fine. You may also need to attend DUI school, perform community service, and complete substance abuse treatment.

In addition to these penalties, you may need to pay restitution to anyone affected by your actions. Some cases also require you to install an interlock device in your vehicle as a condition of probation.

Colorado’s DUI laws also distinguish between different levels of impairment, which affects how a case is charged and sentenced. For example, a minor stopped in downtown Denver with a low BAC reading might face different allegations than someone involved in a collision near the intersection of Colfax Avenue and Colorado Boulevard with a higher test result and signs of drug use. Understanding these legal distinctions helps us evaluate whether the arresting officer had sufficient grounds to claim impairment, whether the testing equipment was properly maintained, and whether alternative explanations exist for the behavior described in the police report.

Colorado’s Underage DUI Laws

Colorado law classifies offenses involving alcohol and minors under 21 into three levels. The severity and criminal status increase with the BAC level.

Underage Drinking and Driving (UDD)

  • BAC: 0.02% to 0.05%
  • First Offense Classification: Class A Traffic Infraction (a non-criminal offense).
  • Penalties: Mandatory 3-month license revocation, fines up to $100, and mandatory public service/alcohol education.

Driving While Impaired (DWAI) and DUI

If the minor's BAC exceeds 0.05% (DWAI) or 0.08% (DUI), they are prosecuted under the same misdemeanor statutes as an adult, facing higher fines, jail exposure, and longer mandatory revocations.

For families, these labels can be confusing, because a ticket that looks like a “traffic” matter can quickly evolve into a criminal case with lasting consequences. When we review an underage arrest, we explain how each level of charge fits into Colorado’s broader DUI scheme, including possible enhancements for high BAC readings or prior incidents. This allows parents to compare options such as entering alcohol education early, pursuing plea negotiations, or contesting the stop and testing procedures at a motions hearing in Denver County Court or juvenile court, depending on the child’s age.

How Does Colorado Decide Whether to Try an Underage DUI as a Misdemeanor or Felony?

In Colorado, an underage DUI typically results in a misdemeanor charge. However, the law allows for increased charges depending on specific facts and circumstances.

Circumstances that could increase the severity of an underage DUI include:

  • Refusal of sobriety tests. Declining a blood, breath, or urine test can lead to enhanced consequences under implied consent laws.
  • Repeat offenses. Prior DUIs on record can result in harsher sentencing, as courts in Colorado pursue stricter penalties for repeat violations.
  • Being pulled over while under 18. When the minor is under 18, courts may apply greater scrutiny, sometimes resulting in juvenile court proceedings or additional requirements.
  • Reckless or drug-influenced driving while under 18. A court monitors this conduct closely and may apply heavier penalties when controlled substances are involved.
  • Causing an accident that results in property damage or physical harm.

If convicted, the court decides whether the underage DUI counts as a misdemeanor or felony by reviewing the circumstances of the case and the individual’s criminal history. A conviction on felony DUI charges may come with penalties that include fines of $5,000 or more, up to six years in prison, and license suspension for as much as three years.

When we evaluate whether a juvenile case is at risk of being treated as a felony, we look beyond the charging language on the ticket. We review body camera footage, witness statements, and accident reconstruction reports, if any, to pinpoint exactly what the prosecution might rely on to argue for a more serious classification. In Denver-area courts, prosecutors may argue that patterns of prior alcohol-related offenses or significant injuries justify a felony filing, while we focus on highlighting mitigating details, such as the youth’s age, school performance, counseling efforts, and family support, to push the matter back toward a misdemeanor outcome when possible.

What are the Penalties for Underage DUI in Denver?

Even the initial UDD infraction imposes severe, mandatory administrative and collateral penalties on a minor.

  • Mandatory License Revocation (DMV): A first UDD offense triggers a 3-month revocation. Subsequent offenses lead to longer suspensions (6 months to 1 year).
  • Criminal Record Escalation: A second UDD offense is elevated to a Class 2 Traffic Misdemeanor, punishable by 10 to 90 days in jail.
  • Felony Risk: Prior UDD, DWAI, or DUI convictions within a specific look-back period can be used to elevate a fourth offense to a Class 4 Felony, which carries years in prison.

Along with the penalties listed above, you may need to perform community service, attend alcohol education classes, or participate in substance abuse treatment. You may also be ordered to pay restitution to people or organizations harmed by your actions.

Consequences for underage DUI convictions in Denver reflect the circumstances of the arrest and whether the minor appears in juvenile or adult court. Penalties in the area may include monitored sobriety, required classes with Denver-based educators, and regular check-ins with court officials. 

Those charged after incidents in school zones or during community events may need to complete extra community service hours. Colorado law also calls for substance use evaluations and progress updates, making it important for families to stay organized and follow through on all local court requirements.

You should not face the serious consequences associated with an underage DUI on your own. Our Denver underage DUI attorney can provide you with the legal representation you need to help you avoid the consequences of a DUI conviction.

In practice, this means that a single mistake behind the wheel can affect every part of a young person’s routine in Denver, from being able to drive to classes at a local high school or college to participating in sports or after-school employment. We walk families through the conditions that judges commonly impose, such as curfews, electronic alcohol monitoring, and limitations on travel outside Colorado, so that they can prepare in advance and avoid unintentional violations. By addressing these real-world impacts early, we help parents decide whether to challenge certain terms, request modifications, or seek alternatives that still satisfy the court while allowing the juvenile to keep making progress at school and at home.

What is the Impact of an Underage DUI on Future Opportunities?

In addition to legal consequences, an underage DUI conviction can have long-term secondary effects, including:

  • College admissions – Many universities review disciplinary and criminal records and may reject applicants who have a DUI conviction.
  • Employment opportunities – Employers often conduct background checks, and having a DUI can reduce your chances at a job.
  • Auto insurance rates – Insurance companies may significantly increase premiums for someone with a DUI conviction.
  • Scholarship and financial aid eligibility – Some scholarships and grants may be revoked after a DUI conviction.

A Denver juvenile DUI attorney may help reduce these long-term consequences by seeking alternatives such as diversion programs or expungement of a conviction when appropriate as permitted by Colorado law.

Because underage DUI records can surface during background checks years after the incident, we also talk with families about timing and eligibility for record sealing or expungement. In Denver, certain outcomes in juvenile court may protect a young person from public disclosure, while other resolutions might still appear in law enforcement databases or on driving records. We help parents compare how different plea options, diversion agreements, and verdicts are likely to appear when a future employer, licensing board, or landlord runs a background search, so they can weigh the short-term inconvenience of classes or supervision against the long-term benefit of a cleaner record.

How to Navigate the DMV Hearing Process for Underage DUI in Denver?

After a juvenile arrest for DUI in Denver, the Colorado Department of Revenue handles an administrative license suspension process, apart from the criminal case. You must request a DMV hearing within seven days of the arrest to contest a pending license suspension. 

Failing to meet this deadline typically results in automatic loss of driving privileges—even if a court later dismisses the charges. The DMV hearing, held at a state administrative office, usually determines whether the minor keeps their license before the outcome of the criminal case.

At the DMV hearing, a juvenile and their representative can review evidence, challenge the validity of the traffic stop, and address any procedural errors. Administrative and court processes often run on different timelines, forcing families to juggle both. The hearing officer will decide based on the information presented, which can have an immediate effect on the minor’s right to drive to school or work. 

Swift action in the DMV administrative process helps protect the young person’s license and minimizes disruption to their day-to-day life in and around Denver.

When we represent a family at a license revocation hearing, we map out a step-by-step plan that starts with obtaining the officer’s express consent affidavit and any breath or blood test records from the Colorado Department of Revenue. We then prepare the juvenile to testify, if appropriate, and identify any issues such as unclear road conditions, medical problems, or language barriers that may have affected the officer’s observations. By approaching the DMV hearing as an opportunity to cross-check the officer’s story before the criminal case reaches a Denver courtroom, we often uncover inconsistencies or omissions that can be useful when challenging the arrest later.

What Should I Do If My Child Is Arrested for a DUI in Denver?

If your child is arrested for DUI in Denver, the steps you take immediately afterward can make a major difference in their future. Colorado has strict laws for minors charged with driving under the influence, and even a first offense can affect their driving record, insurance, and education opportunities. 

Staying calm, protecting your child’s rights, and seeking legal counsel promptly are essential. A Denver juvenile DUI attorney can guide your family through the next steps and ensure deadlines and legal protections are met.

Here’s what to do if your child is arrested for a DUI in Denver:

  • Stay calm and protect your child’s rights — Advise them not to answer any questions until an attorney is present.
  • Contact a juvenile DUI attorney immediately — Early legal guidance is crucial to safeguard your child’s future and navigate juvenile court procedures.
  • Request a DMV hearing within seven days — This hearing is your only chance to challenge the automatic driver’s license suspension.
  • Gather and organize evidence — Collect receipts, test results, witness statements, and any law enforcement reports related to the arrest.
  • Document all details — Note the substances involved, the timing of events, and any procedural errors that may have occurred during the arrest.
  • Follow legal advice closely — An attorney can identify weaknesses in the case, address chemical test issues, and pursue the best possible outcome for your child.

Parents also benefit from keeping a written timeline of everything that happens after the arrest, including every call from law enforcement, school administrators, or probation staff in Denver. This record can help us spot patterns, such as repeated scheduling conflicts with exams or work, that we can present to the court when asking for accommodations. In addition, saving text messages, social media posts, and ride-share receipts can provide useful context about where your child was, who they were with, and what they were doing before the stop, which sometimes helps clarify misunderstandings or challenge assumptions in the police report.

How Can a Denver Juvenile DUI Lawyer Help?

A skilled Denver juvenile DUI attorney supports minors by evaluating each case, reviewing the facts, and developing legal strategies to protect your child’s future. The attorney advocates for your family in court with the aim of reducing charges or, in some situations, negotiating alternative outcomes such as probation, education programs, or community service to limit penalties.

A Denver juvenile DUI lawyer also reviews options for record expungement, helping to clear a youth’s record if the law allows it after certain resolutions. Having the right representation means families can better navigate the juvenile justice system, understand available programs, and take proactive measures to defend the child’s rights and opportunities.

When we take on an underage DUI case, we start by listening closely to the young person’s version of events and comparing it with the narrative set out in the arrest report. We then examine roadside maneuver videos, calibration logs for breath-testing equipment, and any hospital records if a blood draw occurred in the Denver metro area. By digging into these details, we look for legal and factual issues that can support motions to suppress evidence, negotiations with the district attorney, or, when appropriate, a contested trial. Throughout the process, we keep families informed about each court date, what will happen there, and how to prepare, so that no one feels blindsided by the legal system.

What Is Different About Juvenile DUI Cases In Denver?

Underage DUI cases move through a slightly different path than adult matters, and understanding those differences helps families know what to expect. A teenager who is 17 or younger may appear in juvenile court, where the focus often includes rehabilitation and services, while someone who is 18, 19, or 20 is usually handled in county court under adult procedures. The mix of juvenile rules, school discipline policies, and Colorado DUI statutes creates a complex environment where small choices early in the case can have long-term effects on a young person’s record and opportunities.

In Denver, juvenile court hearings often move quickly, with initial advisements held at or near the Lindsey-Flanigan Courthouse. Judges may ask about school status, family support, and counseling when deciding conditions of release. Because underage DUI cases can involve both juvenile and adult-style penalties, we walk families through how probation, community service, and alcohol treatment are applied differently to minors, and how completion of those requirements can influence future requests for record sealing or modification of conditions. This practical explanation helps parents understand why full compliance with court orders matters from the very first hearing.

When a case involves a college student or recent high school graduate who is legally an adult but still under 21, the situation can be especially confusing. These young drivers appear in adult court but still face zero-tolerance alcohol standards and school-related consequences. We help families understand the interaction between a criminal case in Denver County Court and any disciplinary process at a university or public school, so they can prepare letters, documentation, and support plans that present the student in the best possible light in both settings.

Our Step-By-Step Approach To Juvenile DUI Defense

Parents often want to know exactly what we will do once they decide to move forward with representation. While every case is different, we follow a structured approach that is designed to protect the juvenile’s rights, uncover favorable evidence, and look for options that limit long-term harm. By breaking the process into clear stages, we help families see progress and understand how each decision today can influence outcomes months or years down the road.

Early in the case, we focus on preserving evidence and protecting deadlines. We request police reports, body camera footage, and chemical test records from Denver-area agencies, and we track the seven-day window for any DMV hearing request. During this stage we also speak with the juvenile and their parents to understand medical issues, learning differences, or other factors that may have affected performance on roadside tests. This information can be crucial when we later question the officer’s observations or argue that certain test results are unreliable.

Once we have a clearer picture of the facts, we move into a planning and advocacy phase. We may recommend that the young person start alcohol education or counseling with a provider familiar with Denver courts, gather character references from teachers or coaches, or document participation in community activities. With this groundwork in place, we negotiate with the prosecutor, file any appropriate motions, and prepare for hearings or trial if needed. Throughout, we explain each option in plain language so parents and juveniles can make informed choices about whether to pursue a plea agreement, diversion program, or contested proceeding.

Frequently Asked Questions

How long does a juvenile DUI case usually take in Denver?

The timeline varies, but many underage DUI cases take several months from the first court date to final resolution. There may be separate dates for advisement, pretrial conferences, motions, and review hearings. Administrative license hearings through the Colorado Department of Revenue often move on a shorter schedule, so it is common for families to deal with both processes at the same time.

Will my child have to appear in court for every hearing?

In most juvenile DUI cases, the young person must attend scheduled court dates unless a judge excuses their presence for a specific reason. Attendance allows the court to speak directly with the juvenile about conditions, progress in treatment, and compliance with orders. Parents should plan ahead for school and work conflicts so that transportation and supervision are available for each setting.

Can a juvenile DUI affect housing or professional licensing later on?

An underage DUI can appear in certain background checks used by landlords or licensing bodies, depending on how the case is resolved and whether the record is later sealed. Even if the incident occurred years earlier, a conviction or unresolved charge may raise questions about responsibility and compliance. Understanding options for record sealing or expungement can help reduce these risks when the young person is ready to apply for housing or a license.

Why Choose Fife Luneau, P.C. for Your Underage DUI Defense?

When an underage DUI threatens a young future, you need a defense firm in the Denver area that is immediately accessible and dedicated to minimizing consequences.

  • We Offer Free Consultations and 24/7 Availability: We provide free consultations and are available 24/7 to ensure that critical deadlines (like the 7-day DMV hearing request) are never missed.
  • Proven Track Record: Our firm has handled thousands of DUI cases, giving us the experience to challenge the evidence and advocate effectively in the Denver County courts.

Let our firm fight to protect your child’s driving privileges and permanent record.

Because our practice is focused on defending individuals accused of impaired driving, we stay current on developments in Colorado DUI law, including changes to juvenile procedures, ignition interlock rules, and school-related reporting obligations. We regularly appear in Denver-area county and municipal courts, which gives us insight into how local judges handle issues like underage plea agreements, alcohol evaluations, and violations of probation. Families who work with us know that we bring this practical understanding to each juvenile case, tailoring our approach to the specific court, prosecutor, and set of facts their child is facing.

Contact Fife Luneau, P.C. for a consultation at (720) 408-7130 or reach out online if you are facing DUI charges as an underage individual.

  • Acquitted of All Charges DUI Acquittal
  • Dismissed DUI, DWAI, Careless Driving
  • Dismissed DUI, DWAI
  • Dismissed Driver’s License Interlock Violation Hearing
  • Dismissed Attempted Murder, Assault, Menacing with a Deadly Weapon, Distribution of Marijuana

BECAUSE RESULTS MATTER

Recent Case Victories

Fife Luneau, P.C. is one of the most respected law firms when it comes to DUI and criminal defense cases. We have a remarkable track record up and down the Front Range, successfully handling some of the most complex cases.

  • DUI Acquittal
  • DUI, DWAI, Careless Driving
  • DUI, DWAI
  • Driver’s License Interlock Violation Hearing
  • Attempted Murder, Assault, Menacing with a Deadly Weapon, Distribution of Marijuana

Have Questions?

  • How should I choose a Denver criminal defense attorney?
    First and foremost, your lawyer should be confident and knowledgeable in their practice. You should always feel comfortable with discussing the details of your situation and your freedom and your rights should be your counsel’s top priority. At Fife Luneau, P.C., our team has a true passion for what we do, and our experience and zealous advocacy is a testament to this. We have a proven track record for results and will always fight for your best interest.
  • How much are your legal fees?
    Fife Luneau, P.C. handles cases on an upfront flat-fee schedule that is determined based on how severe your charges, how complex the case, and whether you need to go to trial. We will discuss all issues with you beforehand, and once you agree to our fees, we’ll hold your money in a trust on your behalf. This way we can focus on your matter and not on money. Our firm also accepts all major credit cards.
  • After an arrest, what are my rights?
    Every U.S. citizen is granted certain rights by the Constitution. These include the face that you are innocent until proven guilty, and that burden is put on the prosecution. After you have been charged, you have the right to a public trial, skilled counsel of your choosing or a court-appointed lawyer, if needed, the right to remain silent to protect yourself from incrimination, the right to cross-examine the accused, the right to testify, or not, and the right to an appeal.