Underage drinking is a significant concern across the United States, and Colorado is no exception. For young individuals and their families, the consequences of an underage drinking charge can feel overwhelming, especially when navigating the complexities of Colorado’s legal system. At Smith & Weidinger PLLC, we are committed to providing a robust defense for clients facing such charges.

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Understanding Underage Drinking Laws in Colorado

Colorado has a zero-tolerance policy for individuals under the legal drinking age of 21 possessing or consuming alcohol. The state enforces strict measures to deter underage drinking, which can include citations for Minor in Possession (MIP) and charges for related offenses, such as fake ID usage or driving under the influence (DUI).

An MIP charge occurs when someone under 21 is found in possession of or has consumed alcohol. Potential penalties following a conviction may include fines, community service, mandatory alcohol education programs, and even possible impact on a young person’s driver’s license and driving privileges.

Harsher penalties may apply to those who participate in underage drinking and driving. For those under 21 caught driving with a blood alcohol content (BAC) of 0.02% to 0.05%, Colorado’s “zero tolerance” laws apply. In such cases, the accused may face penalties even if their BAC is below the legal limit for adults (0.08%). These penalties can escalate based on the severity of the offense or repeated violations.

Smith & Weidinger PLLC: A Firm Dedicated to Defense

At Smith & Weidinger PLLC, we recognize that a mistake during youth should not drastically impact a young person’s future. Our legal team is dedicated to defending clients against underage drinking charges with compassion and commitment to achieving the best possible outcome. 

We focus on understanding each client’s unique situation and building a customized strategy. Whether it’s negotiating reduced charges, seeking alternatives to traditional penalties, or providing zealous courtroom advocacy, we aim to safeguard the rights and futures of the young people we represent.

Legal Services for Underage Drinking Cases

Our firm provides a comprehensive range of legal services related to underage DUI charges, including:

  • Defense Against MIP Charges: Helping young adults and their families contest or mitigate underage possession or consumption charges.
  • Underage DUI Conviction Defense: Representing underage drivers accused of driving under the influence while under 21.
  • Parental Guidance and Support: Working closely with parents to navigate the legal process and secure the best outcome for their child, avoiding criminal penalties.

Defense Strategies Employed by Smith & Weidinger PLLC

Effective legal defense requires a thorough understanding of the law, strategic planning, and a client-centered approach. Some of the key defense strategies we employ include:

  • Examining Evidence: Scrutinizing the evidence presented by the prosecution, including how it was obtained.
  • Challenging Procedural Errors: Identifying and challenging any violations of legal procedures during the arrest or investigation.
  • Negotiating Alternatives: Advocating for alternative resolutions, such as diversion programs or community service, which can lead to reduced charges or penalties.
  • Presenting Mitigating Factors: Highlighting a client’s lack of prior offenses or willingness to participate in rehabilitation programs.
  • Advocating for Sobriety Programs: Emphasizing the benefits of educational programs that focus on preventing future incidents rather than punishing first-time offenders.

Punishments and Consequences for an Underage DUI

The consequences of an underage drunk driving conviction in Colorado can vary widely based on the specific charge, but potential penalties include:

  •  Fines: MIP charges often carry penalties ranging from $100 to $250 for a first offense.
  • Community Service: Courts may require offenders to complete several community service hours.
  • Alcohol Education Programs: Mandatory enrollment in classes designed to educate youth about the risks of alcohol abuse.
  • License Suspension: Driving privileges may be suspended for underage DUIs or repeated MIP offenses.
  • Criminal Record: Convictions can remain on a young person’s record, potentially impacting future opportunities such as college admissions and professional opportunities.
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Why Legal Representation Matters

An experienced attorney can make a substantial difference in the outcome of an underage drinking case. Legal representation ensures that the accused has someone to:

  • Advocate for their rights.
  • Navigate complex legal issues and create a valid defense.
  • Negotiate with prosecutors for reduced charges or alternative penalties.
  • Guide on mitigating the long-term impact of a conviction.

Our Smith & Weidinger PLLC attorneys are skilled in representing young clients and understand the importance of protecting their rights, reputations, and futures.

Sobriety Programs and Alternative Penalties

In many underage drinking cases, courts are willing to explore alternatives to traditional punishments. Our firm often seeks resolutions focusing on education and rehabilitation rather than punitive measures. 

Sobriety programs, diversion programs, or alcohol awareness courses are excellent options for first-time offenders. These programs emphasize accountability and prevention while minimizing the lasting consequences of a conviction. Our attorneys work to secure these alternatives whenever possible.

Parental Involvement in the Legal Process

Parents play a crucial role in resolving underage drinking cases. Their involvement can positively influence the case outcome, from providing emotional support to ensuring compliance with court mandates.

At Smith & Weidinger PLLC, we prioritize open communication with parents to ensure they understand the legal process and are actively involved in supporting their child’s defense. We provide guidance on approaching the situation constructively while advocating for their child’s best interests.

Support for Denver, Colorado Residents

If your child has been charged with an underage drinking offense in Denver, CO, seeking legal counsel as soon as possible is crucial. At Smith & Weidinger PLLC, we offer confidential consultations to discuss your case and explore your options. Our attorneys are ready to answer your questions and help you take the first step toward a resolution.

We believe every young person deserves a chance to learn from their mistakes without being burdened by excessive penalties or a criminal record. With a commitment to justice and a dedication to our clients, we strive to achieve outcomes that allow them to move forward confidently.

Contact Smith & Weidinger PLLC today for a free consultation. Learn how we will support your underage driver through personalized legal strategies, expert guidance, and unwavering advocacy to protect their rights and future.