Underage Drinking and Driving (UDD)(“Baby DUI”)

Underage Drinking and Driving is a Class A Traffic Infraction. Jail is not a possibility for this offense. However, fines and court costs, an alcohol evaluation and treatment, twenty-four (24) hours of community service, and revocation of a minor’s driver’s license are all possible penalties.

Underage Drinking and Driving is an offense that is charged when a minor driver’s BAC is at least 0.02 but not more than 0.05 within two (2) hours of driving.

In regards to plea bargaining, the statute indicates that a court shall not accept a plea bargain from a greater offense of DUI, DWAI, or DUI per se, to the lesser offense of UDD unless the prosecutor makes a good faith representation that he/she could not establish a prima facie case for the greater offense charged.

If a minor driver submits a BAC of .02 to .049, first offense, the Motor Vehicle Division will revoke the driver’s license for three (3) months. Six (6) months for a second offense. A one (1) year revocation will be imposed for a third offense.

Four (4) points will be assessed for a first offense UDD conviction with a three (3) month revocation of driving privileges that runs concurrent to any revocation for a BAC revocation.

A second conviction in the courts will also result in four (4) points against a minor driver’s license and a six (6) month revocation concurrent with any BAC revocation.

A third conviction in the courts will result in four (4) points against a minor driver’s license and a one (1) year revocation concurrent with any BAC revocation.

Although this offense is a Class A Traffic Infraction, it’s important to understand the implications that this type of offense: “Underage Drinking and Driving” have on a young adult’s driving history, criminal history, employment, schooling and future in general. Underage Drinking and Driving is a serious offense that can have even more serious collateral consequences. A conviction for this offense should be avoided if possible.

If you or a loved one has been charged with DUI or Underage Drinking and Driving (UDD) call Attorney Monte Robbins today for a free case evaluation at 303-355-5148, 970-301-5541, or toll-free at 1-888-384-2656.