Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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21 years old. People under 21 who possess or drink alcohol face charges for minor in possession (18-13-122 C.R.S.). This crime is abbreviated as MIP in Colorado.
MIP is prosecuted as an unclassified petty offense. It carries no jail time. But defendants do face fines, community service, and substance abuse classes.
Minor in Possession offense |
Colorado penalties |
1st conviction |
The case gets automatically sealed once the case ends. |
2nd conviction |
The conviction must remain on the defendant’s record for one year. At that point, the court will not automatically seal it. Instead, the defendant must petition the court to seal the record. |
3rd or subsequent conviction |
The conviction must remain on the defendant’s record for one year. At that point, the court will not automatically seal it. Instead, the defendant must petition the court to seal the record. |
The court may dismiss these charges if the defendant completes diversion or a deferred judgment. As long as the minor completes all the court-ordered terms — such as doing community service and rehab — the case will get dismissed.
With diversion, the minor never gets criminally prosecuted as long as he/she completes the program. Diversion is a way of side-stepping prosecution from the beginning.
With deferred judgment, the minor does enter a guilty or no contest plea — but the court holds off on entering a judgment. Then if the minor completes the program, no judgment will be entered. Then the case will be dismissed.
Five potential arguments to fight MIP charges include:
People under 21 who are with someone suffering from alcohol poisoning may be able to avoid MIP charges if they:
Adults age 18 and older may serve alcohol if they are supervised by someone at least 21 years old.
People under 21 face underage DUI charges if they drive with a blood alcohol content (BAC) of 0.02% or higher. For adults 21 and older, the per se limit is 0.08% or higher. (People with a BAC of 0.05% typically face DWAI charges.)
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
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