Minor in Possession of Alcohol Attorneys in Grand Junction
C.R.S. 18-13-122-Illegal possession or consumption of ethyl alcohol by an underage person, or better known as a Minor in Possession of Alcohol. A minor can be charged with a minor in possession of alcohol (MIP) it that person is under twenty-one years of age, and they possess or consume alcohol anywhere in the state of Colorado. A first time conviction of a minor in possession can result in a fine of not more than two hundred and fifty dollars and, in addition to any fine, the court can order that the defendant to perform up to twenty-four hours of useful public service, require that the minor complete an alcohol evaluation or assessment along with an alcohol education program or alcohol treatment program. Furthermore, the Colorado Department of Revenue will revoke the minor's drivers license for six months for a second offense, and one year for a third MIP conviction.
If you have been issued a summons for a minor in possession or MIP, it is important that you seek legal counsel immediately. There are many defenses that a knowledgeable criminal defense attorney can use to effectively provide you with the best defense possible. We offer free consultations on all Minor in Possession cases, so call us today to see how we can help.
If you have been convicted of a Minor in Possession or Consumption of Alcohol, you may be eligible to have your record sealed, if it has been one year since the conviction, you have not been arrested, charged, or convicted of any crime during that year.
Underage Drinking and Driving
Underage Drinking and Driving, or UDD, is defined under C.R.S. 42-4-1301(2)(a.5) It is a class A traffic infraction for any person under twenty-one years of age to drive a motor vehicle when that person's BAC is at least 0.02 but not more than 0.05 at the time of driving or within two hours of driving. If you are a first time offender a conviction of underage drinking and driving and your BAC was 0.02 to 0.05 you could be sentenced to a fine up to $250.00, ordered to complete twenty- four hours of useful public service and ordered to complete a alcohol evaluation or assessment along with an alcohol education program or alcohol treatment program. Furthermore, there is and express consent action that can be taken on your drivers license.
If you are under the age of twenty-one and you were asked to take a breath or blood test and you refused to take a test the Colorado Department of Revenue can revoke your driving privilege for a period of 12 months, with no probationary driver's license or early reinstatement options available to you. If you were under twenty-one and your chemical test results are between .02 and .079 for your first offense the Colorado Department of Revenue can revoke your driving privilege for 3 months and there is no early reinstatement options available (id your results are under 0.05 on your first offense you will be eligible for a probationary driver's license after one month).
Underage Drinking and Driving Express Consent
If you are arrested or served with a summons for underage drinking and driving and your refused or took a breath test, the officer will serve you with an Express Consent Affidavit and Notice of Revocation. This form will tell you that you have seven days to act to request a hearing, and failure to do so will cause the revocation of your driving privilege to automatically go into effect on the eighth day. If you took a blood test, and if the results were over the legal limit, the DMV will mail you a notice giving you a 10 day time frame from the date of the letter to request a hearing. Again, if you do not request a hearing , the revocation will automatically go into effect.
For additional information regarding the Colorado Department of Revenue's actions against a minor's drivers license for underage drinking and driving you can visit www.colorado.gov.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.