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Underage Drunk Driving in Colorado

The legislature places restrictions on activities for the greater welfare of society; one example of such a restriction is limiting access by age. In Colorado, the legal age to consume alcohol is 21, which leads to discrepancies involving the legal limit and implied consent.

The legal limit in Colorado is a blood alcohol content [“BAC’] of 0.08. If an individual of any age has a BAC of 0.08 within two hours of driving, they are guilty of a misdemeanor. However, if an individual is under the age of 21, they will be in violation of Colorado law and guilty of a class A traffic infraction if they had a BAC in the range of 0.02 and 0.05 within two hours of driving.

Colorado law states that all individuals that drive a motor vehicle upon the streets/highways of Colorado have consented to having their BAC tested when directed by a law enforcement officer with probable suspicion of driving under the influence [“DUI”] or driving while ability impaired [“DWAI”]. The BAC may be tested by either a blood test or a breathalyzer. If the individual is over the age of 21, they may request either test be undertaken. However, if the individual is under the age of 21, they are limited to only requesting a blood test instead of a breathalyzer.

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