Picking up from Colorado Underage DUIs: 6 Facts to Know (Pt. 1), here, some more important info regarding DUIs for people younger than 21 will be discussed.
Colorado Underage DUIs: More Important Facts
Fact 3 – The penalties for subsequent Colorado underage DUIs are harsher.
As with DUI convictions for people 21 and older, a second, third or subsequent DUI conviction for a person younger than 21 will typically result in harsher penalties (the idea is that convicted people should know better, as they’ve already been punished for a first offense).
In particular, a second conviction for a Colorado underage DUI can result in:
- A 6-month driver’s license suspension, as well as more expensive court fines and more extensive community service, when the second DUI case is associated with BACs of less than 0.05
- The same penalties as those for a second DUI for someone over 21 years old when minor’s BACs are 0.05 or greater at the time of their arrest – Generally, penalties for Colorado underage DUIs in these cases can include a 1-year driver’s license suspension, fines up to $1,500 and up to 6 months in jail.
Fact 4 – When minors refuse to submit to chemical testing during DUI stops, they can face some automatic penalties.
Colorado has an “express consent” law that essentially requires motorists to submit to chemical testing (i.e., breath or blood tests) if they are arrested by a law enforcement official who has probable cause to suspect intoxication.
While drivers have the right to refuse to submit to such testing, it’s crucial that they are aware that their refusals:
- Will result in automatic penalties regardless of the disposition of their criminal case – In fact, even if DUI charges are never filed against someone (or the charges are ultimately dismissed or an acquittal is handed down in the case), the refusal to submit to chemical testing WILL result in an automatic one-year suspension of the individual’s driver’s license.
If a conviction is ultimately handed down in the case, however, the refusal may lead to some of the imposed penalties being a bit harsher (for example, it’s possible for people to be ordered to complete more extensive community service obligations if they refused chemical testing during their DUI stop).
- Can be used against them later – Prosecutors are legally permitted to use refusals to submit to chemical testing during DUI stops as evidence that drivers were trying to hide evidence of their intoxication from law enforcement officials.
Be sure to read the upcoming conclusion to this blog series for some additional important info about Colorado underage DUIs.
You Can Count on a Broomfield DUI Lawyer at The Datz Law Firm
Have you or your minor child been charged with a DUI? If so, a trusted Broomfield DUI attorney at The Datz Law Firm is ready to provide you with superior defense representation. From preliminary hearings through the resolution of the case, our Broomfield DUI attorneys are proud to offer the same type of legal advocacy and client-centered service that we would demand if we were in our clients’ shoes.
To discuss your best DUI defense options for successfully resolving your case, schedule an initial consultation with us today by calling us at (720) 256-2404 or by emailing us using the contact form at the top of this page.
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