DUI Checkpoint in Fort Collins nets 22 arrests
22 people were arrested for DUI, DWAI or minor in possession at a DUI checkpoint in Fort Collins on Friday night. Of the 22 people arrested, 20 were charged with DUI or DWAI. One was charged with minor in possession of alcohol, which includes if a person under 21 has consumed alcohol. One person was charged with possession of marijuana and paraphernalia. This person was under 21, the legal age for possession of marijuana in Colorado.
The checkpoint began at 10:55 on Friday night and ended at 2:30 on Saturday morning. The checkpoint is part of Colorado Department of Transportation’s campaign “Drive Sober or Get Pulled Over.” The Fort Collins Police Department worked the checkpoint with the Larimer County DUI Task Force.
“Baby DUI” or Underage Drinking and Driving (UDD)
The information released by the Fort Collins Police Department does not specify whether any of the drivers charged with DUI or DWAI were under 21. If a person who is under 21 is driving with a BAC that is less than a 0.05, the presumptive level for a DWAI, then the driver can be charged with a “baby DUI,” which is also called underage drinking and driving. The baby DUI statute only applies to alcohol related driving offenses, not DUID cases. This means that if a person under 21 has less than the presumptive level of marijuana in his or her system, there is no lower level drug related driving offense for an underage driver.
It is important to understand that an underage driver can be charged with a regular DUI or regular DWAI. DUI and DWAI can be charged for alcohol or drug use. The baby DUI only gives law enforcement an additional way to charge someone who is underage even if their BAC is less than the presumptive levels for DUI and DWAI.