“Baby DUI” – Underage Drinking and Driving
In Colorado, people who are under 21, can be charged with a DUI with less alcohol in their system than if he or she was 21 or older. The legal limit for a DUI is 0.08. The presumptive level for a DWAI is 0.05. If the driver is 21 or over at the time of the alleged DUI and their BAC is less than a 0.05, then in all likelihood the DUI or DWAI charge should be dismissed. If, however, the driver was under 21, then the driver’s BAC could be as low as a 0.02 and he or she can be charged with underage drinking and driving, which is also known as a “baby DUI.” A baby DUI is a lower level charge than a regular DUI or DWAI.
That said, an underage person can be charged with a full DUI or DWAI assuming the BAC level exceeds the legal presumptions and limits. A baby DUI will result in four points being assessed against the driver’s driving privilege. A DWAI will result in eight points and a DUI will result in 12 points.
Disney Star Arrested for DUI … Barely
Disney channel star, Billy Unger, was pulled over for speeding on the Pacific Coast Highway. Unger had a BAC of 0.08. This is right at the legal limit for a DUI in California. Blood and breath tests are not 100% accurate, there is a margin of error for both types of test. It will be difficult for the prosecution to prove that Unger’s BAC was at or above the legal limit for a DUI.