Denver Underage DUI Personal Attention. Proven Results. A Defense Strategy Built for You.

Underage DUI Attorney in Denver

Over 90 Jury Trials. Focused Underage DUI Defense for Denver Families.

An underage DUI arrest in Denver sets two proceedings in motion at once: a criminal case and a Colorado Department of Revenue administrative license proceeding. Both timelines move quickly, and a misstep in either can produce lasting consequences. Landy Legal represents underage drivers and their families in Denver, with attorney Josh Landy personally handling every stage from arraignment through trial.

A charge isn’t a conviction. Law enforcement officers make procedural errors, and those errors can be identified and contested. What matters is getting an attorney involved early, before the seven-day window to request a DMV hearing closes.

Contact Landy Legal for a free initial consultation about an underage or juvenile DUI charge in Denver. Call (720) 790-7110 to speak directly with Josh Landy.

Colorado’s Three-Tier Underage Alcohol Charge System

Colorado draws a hard line for drivers under 21 under C.R.S. § 42-4-1301. The BAC threshold that triggers a charge is 0.02%, far below the 0.08% standard applied to adults. From there, charge severity scales with the BAC reading.

Underage Drinking and Driving (UDD): BAC between 0.02% and 0.05%. Classified as a Class A Traffic Infraction on a first offense, not a criminal charge, but still carries license consequences and DMV points.
DWAI (Driving While Ability Impaired): BAC above 0.05%. Charged under the same misdemeanor statute that applies to adults.
DUI per se: BAC at 0.08% or above. Also charged as a misdemeanor under adult statutes, regardless of the driver’s age.

UDD is a strict-liability offense: impairment level is irrelevant. Only the BAC reading determines the charge. Colorado also applies no look-back period on prior DUI or DWAI convictions, meaning any prior offense can enhance a subsequent charge no matter how far back it occurred.

Penalties for an Underage DUI Conviction in Denver

Immediate legal penalties depend on which tier of charge applies and whether prior offenses exist.

First UDD Offense: 3-month license revocation, fines up to $100, up to 24 hours of community service, and possible substance abuse program enrollment. UDD also carries 4 DMV points, and accumulating points above the threshold triggers a separate suspension.
Second UDD Offense: Elevated to a Class 2 Traffic Misdemeanor, carrying 10 to 90 days in jail and a 6-month license revocation.
Prior DUI or DWAI History: Under C.R.S. § 42-4-1301, a DUI or DWAI charge becomes a Class 4 Felony if the violation occurred after three or more prior convictions for DUI, DUI per se, or DWAI. Any prior convictions on a young driver’s record can trigger felony exposure on a subsequent charge, regardless of how long ago those offenses occurred.

A probationary license allowing driving to school or work may be available after the first 30 days of a first UDD revocation. Beyond the immediate legal penalties, a juvenile DUI record can affect college admissions, scholarships, financial aid, auto insurance premiums, employment background checks, and professional licensing for years afterward.

Why Denver Families Retain Josh Landy for Juvenile DUI Defense

Josh Landy spent seven years as a Colorado State Public Defender and conducted over 90 jury trials during that tenure. That trial record isn’t common among DUI attorneys. It means Landy Legal brings courtroom depth to every underage DUI case in Denver, not just negotiating leverage.

In 2023 and 2024, Josh was recognized by Best Lawyers in America® for Criminal Defense: General Practice and Criminal Defense: White Collar in Denver. He has served as President of the Colorado Criminal Defense Bar and has led training seminars for criminal defense attorneys across Colorado on cross-examination, jury selection, and closing arguments.

The firm has a history of persuading law enforcement agencies not to file charges in the first place and of securing dismissals after charges were filed. Those are past results and don’t predict outcomes in any individual case. What they reflect is a defense approach built on detailed case analysis: reviewing body camera footage, calibration records, officer conduct, and the specific facts of each stop before any strategy is set. Clients work directly with Josh, not a paralegal or junior associate.

Discuss Your Child’s Case with a Denver Juvenile DUI Attorney

Landy Legal offers free initial consultations for underage DUI matters in Denver, Lakewood, and Jefferson County. Josh Landy personally reviews every case and handles every stage of the proceeding himself.

The DMV deadline and the criminal case timeline both begin running at the moment of arrest. Early involvement can help protect both tracks.

Call (720) 790-7110 to schedule a free consultation with Josh Landy at Landy Legal.

The DMV Hearing After a Juvenile DUI Arrest in Denver

The administrative license proceeding runs parallel to the criminal case but operates under separate rules. After a juvenile DUI arrest, the Colorado Department of Revenue initiates a suspension proceeding independently of whatever happens in court. A driver can have criminal charges dismissed and still lose their license if the administrative side isn’t handled correctly.

A DMV hearing must be requested within seven days of the arrest. Missing that deadline can result in automatic license suspension. The administrative standard of proof is lower than in criminal court, which makes early preparation and legal involvement critical. At the hearing, the lawfulness of the arrest, the validity of the traffic stop, and procedural errors in testing can all be raised and challenged. The outcome can directly affect whether the young person can drive to school or work while the case is pending.

How an Underage DUI Defense Is Built

Defense in a juvenile DUI case in Denver starts with a close comparison of the young person’s account against the arrest report, body camera footage, calibration logs for the breath-testing device, and any hospital records from a blood draw. At BAC thresholds as low as 0.02%, a minor calibration error or a single deviation from testing protocol can push a result below the charge threshold entirely.

Challenging the Stop & Arrest

The traffic stop itself is another line of attack. If the officer lacked reasonable grounds to initiate the stop, evidence obtained from it may be suppressible. Colorado law also requires specific procedures when dealing with minors, and failure to follow them can support a motion for dismissal.

Diversion, Deferred Adjudication, & Record Sealing

When the facts support it and diversion or deferred adjudication programs are available, pursuing those options can reduce long-term harm to the young person’s record. Record sealing may also be available for certain juvenile court outcomes, limiting the charge’s visibility to employers, landlords, and licensing bodies.

Denver Court Routing for Underage DUI Cases

Which court handles the case depends on the defendant’s age at the time of arrest. Both Denver Juvenile Court and Denver County Court hear matters at the Lindsey-Flanigan Courthouse. Denver is unusual among Colorado judicial districts in having four constitutionally separate courts: County Court, District Court, Probate Court, and Juvenile Court, each with distinct procedures and timelines.

Defendants Age 17 & Younger

Defendants 17 and younger typically appear in Denver Juvenile Court, where judges weigh rehabilitation and court-ordered services alongside accountability. Initial advisements move quickly, and judges often ask about school status, family support, and counseling participation when setting release conditions.

Defendants Ages 18 to 20

Defendants between 18 and 20 are handled in Denver County Court under adult criminal procedures, while still subject to Colorado’s zero-tolerance under-21 alcohol standards. College students and recent high school graduates in this age group may also face university disciplinary proceedings running alongside the criminal case.

What to Do After an Underage DUI Arrest in Denver

The hours immediately following an arrest matter. Here’s what families should do:

Say nothing to law enforcement: Advise the young person not to answer questions from officers until an attorney is present.
Contact a juvenile DUI attorney immediately: Early involvement can help protect both the criminal case and the driver’s license. Don’t wait until charges are formally filed.
Request a DMV hearing within seven days: This deadline runs from the date of arrest. Missing it can result in automatic license suspension regardless of what happens in criminal court.
Preserve available evidence: Gather receipts, witness contact information, and any details about the circumstances of the stop while they’re fresh.
Document the sequence of events: Write down the timing, what was said, and any communications from law enforcement or school officials as soon as possible.

Landy Legal handles underage and juvenile DUI matters throughout Denver and offers free initial consultations. Call (720) 790-7110 to reach Josh Landy directly.

Facing a DUI or Traffic Charge? Start Building Your Defense Today

Every case is unique, and the right strategy can make all the difference. With 16 years of experience and a client-first approach, Josh Landy is here to guide you through the legal process and fight for the best possible outcome.

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